Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Rental Terms and Conditions
Our goal is for you, your family, and friends to have an enjoyable experience while riding Zoogamo Pet Buddies. For the purposes of the Rental Agreement, “Zoogamo Party Rental” shall mean Zoogamo, it’s owner, officers, directors, shareholders, and employees, and “Customer” shall mean Customer, it’s agents and or employees. The following guidelines are for your safety as well as others and MUST be complied while operating our Pet Buddies.

1. Indemnity/Hold Harmless. Customers will take all necessary precautions regarding the items rented, and protect all persons and property from any injury or damage. Customer agrees to hold harmless Zoogamo from and against any and all liability, claims, judgments, attorneys’ fees and cost, of every kind and nature, including but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole negligence or willful misconduct of Zoogamo.

2. Assumption of Risk/Release- Discharge of Liability. Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the items rented hereunder and herby elects to voluntarily enter into this Rental Agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge Zoogamo from any and all responsibility or liability from such injury or damage arising out of the use or operation of the rental items; and Customer further agrees to waive, release and discharge any and all claims for injury or damage against Zoogamo which Customer otherwise may be entitled to assert.

3. Operators. No operators are furnished, directly or indirectly with our rental items. Customer is responsible for knowing how the equipment works prior to use.

4. Receipt/Inspection of Rental Items. Customer hires the rental items on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the rental items prior to its use and finds it suitable to Customers needs. Customer acknowledges receipt of all rental items listed on the Rental Agreement and that the rental items are in good working order and repair. Should Customer have any disputes or concerns with the quality or count of rental items, Customer shall notify Zoogamo immediately.

5. Possession/Title. Customers right to possession of the rental items begins upon items leaving Zoogamo and terminates on the Agreed Return Date and Time indicated on the front of this Rental Agreement. Retention of possession after this date and time constitutes a material breach of this Rental Agreement. Time is of the essence of the Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain in Zoogamo. If the rental items are not returned and/ or levied upon for any reason whatsoever, Zoogamo may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnity, defend and hold Zoogamo harmless from any and all claims and cost arising from such retaking and or levy. If rental items are levied upon, Customer shall notify Zoogamo immediately.

6. Rental Policy. All Customers must provide the following identifications:
Valid California Drivers License
Local address
Home and work phone numbers
Credit card

Prices are based on “each” and subject to change. Customer is responsible for any damage or loss to rental items. Animal skin must be returned free of stains and tears, or any damages rendering the animal skins unrentable. Such conditions will result in additional charges. All components on the Zoogamo rides must remain undamaged such as handle grips, LED lights, and remote control. Please count and check all equipment with a Zoogamo employee upon pick-up and delivery. If you or an authorized person is unavailable to receive the equipment, the contract will be considered an accurate and valid count of the equipment. Our count is final. The Customer accepts responsibility for securing and handling the property properly. Any necessary changes to an order must be made and confirmed 10 (ten) days prior to the event date. If the rented items are to be “picked-up” by the customer or delivered by Zoogamo, the Customer agrees to provide a secure and dry storage location and the Customer accepts all risk including damage to and liability related to the rental items until they are returned to Zoogamo. The Rental period is for a maximum of the specified hours unless a longer term is specified in the rental agreement. If the rented items are returned prior to the agreed upon date, the rental due shall be for the entire rental period. Rented items are not to be sublet, loaned, or assigned to any other location than specified on the rental agreement. Any action taken by persons whom are not stated on this Rental Agreement in use or loan of rented items is considered theft and will be prosecuted as such. Theft of rental property is a felony and carries a fine or imprisonment or both as stated by state law of California.

7. Ordinary Wear and Tear. Customer shall be responsible for all damage not caused from ordinary wear and tear; “Ordinary wear and tear” shall mean only the normal deterioration of the rental items caused by ordinary, reasonable and proper use of the rental items. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of rental items by paint, mud, plaster, concrete, resin, or any other material.

8. Compliance with Laws/ Use of Rental Items. Customers agree not to use or allow anyone to use the rental items for any illegal purpose in any illegal or unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations, which may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. Zoogamo may at the Customers written request, act as an agent to obtain permits and/ or licenses from the appropriate government agencies. If these agencies should require additional rental items, the expense of these rental items will be the sole responsibility of the Customer. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to the Agreement to Zoogamo or its subcontractors.


Rental Rules
1. Zoogamo Pet Buddies must be ridden on a dry, flat, and even surface. Puddles, slopes, and cracks should be avoided to eliminate damages or risk of injury. Please avoid riding on streets and/or sidewalks that may pose a danger for any riders. Please stay at the specified location on the contract.
2. Food and drinks should not be present while operating Zoogamo rides.
3. Ride responsibly. Please do not horseplay by crashing and using the rides as bumper cars. Ride in an upright position facing forward, with hands and feet on Zoogamo ride(s) at all times. Standing up and/or hand-free riding should not be allowed. Do not ride intoxicated.
4. Pushing/Pulling. DO NOT push the ride to make it go faster than intended speed. Do not pull on the animal tails or any part of the skin to avoid possible damages or tears. Do not pull on or remove the remote controller.
5. Maximum weight capacity should not exceed 250 pounds for safety reasons. Up to two riders may share a ride; parents are encouraged to enjoy this experience as well, but refrain from overloading our Pet Buddies.
6. Opening and tampering with Zoogamo ride(s) are prohibited. Please do not open or disrupt any internal components.
7. Pregnant/person with disabilities. Zoogamo does not recommend expectant mothers or any person(s) with disabilities to ride as it can be dangerous. Riders who are pregnant or a person with disabilities are riding at their own risk and we do ask those riders to have available assistance at all times.
*Customer understands that additional charges will be added if any terms and conditions are violated.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Zoogamo. The collective work includes works that are licensed to Zoogamo. Copyright 2003, Zoogamo ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Zoogamo or purchasing Zoogamo products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Zoogamo or to purchase Zoogamo products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Zoogamo. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Zoogamo used in the site are trademarks or registered trademarks of Zoogamo


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Zoogamo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Zoogamo does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Zoogamo does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Zoogamo shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Zoogamo has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Zoogamo product is mistakenly listed at an incorrect price, Zoogamo reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zoogamo reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zoogamo shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zoogamo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Zoogamo may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Zoogamo.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Zoogamo products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Zoogamo products) must be commenced within one (1) year after the claim or cause of action arises. Zoogamo's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Zoogamo may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zoogamo or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Zoogamo does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zoogamo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zoogamo reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Zoogamo in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Zoogamo, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Zoogamo may link to sites operated by third parties. However, even if the third party is affiliated with Zoogamo, Zoogamo has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zoogamo. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Zoogamo seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).