AGREEMENT TO HIRE

These terms for the hire of goods and equipment are an agreement by you (“you”, “your”) to hire goods and equipment (“Hire Items”) from PlushPlay (ABN 66 171 800 727) (“we”, “us”, “our”), be that agreement made by SMS, email, facsimile or any other method of communication (the “Agreement”).

The hiring of the Hire Items is confirmed once you have executed the Agreement. However, where you fail to execute the Agreement but proceed to instruct us or pay the Booking Fee in Clause 2, you accept this Agreement.

The cost of the Hire Items and related Services will be provided to you in the invoice. The Invoice will specify the Hire Items, the Price of the Hire Items and any services provided (“Services”), the scheduled date for delivery and installation of the Hire Items (“Delivery Date”) and the date we will collect all Hire Items from you (“Collection Date”) (in totality, the “Period of Hire”).

This Agreement and its Schedules will constitute the entire agreement between us and you and supersedes all previous arrangements or agreements with you.

1. BINDING CONTRACT

1.1. This Agreement is entered into and will be binding on us and you when book the Hire Items.

1.2. Until you have paid the Fee in Clause 2.1, we may at any time withdraw from the Agreement by any means, including verbally, by email, SMS or letter to you.

1.3. We may “hold” the Hire Items for you for a period of forty eight (48) hours, after which those Hire Items may be offered to another client.

2. TERMS OF PAYMENT

2.1 You will be required to pay the total price for the Hire Items at the time of Booking. Please note that a Booking Fee of 50% is included in that total price. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.

2.2 You understand that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.

2.3 The Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms).

2.4 You will be required to pay a “bond” before taking possession of the equipment and it is done by way of preauthorisation of your credit card. That amount is 50% of the total price. Where you pay by alternative means (ie. Paypal) or where there are insufficient funds on your credit card, a payment request will be sent to you to finalise payment of the bond. If you fail to make the payment before your Booking date we will not deliver the Hire Items.

2.5 Where the Hire Items are returned in the condition it was provided to you, you will be refunded the bond upon return of the Hire Items. Please allow up to ten business (10) days for the bond to be released back to you. If the bond was collected via payment request, please allow five (5) days from the time account details have been provided to us for the refund to be processed. Where items are damaged or lost, and the bond is not sufficient to cover the loss or damage to the item, you will be liable for any costs above and beyond the bond amount in order to repair or replace the item. It is at our sole discretion as to whether to repair or replace.

2.6 If payment is not made in accordance with this Agreement, we are not obliged to deliver the Hire Items and may withhold delivery until such payment is made. You agree and acknowledge that we are not responsible in any way for any delay or change to your event as a result of any late or non-payments by you.

2.7 If any Hire Items require any custom work, manufacturing, adaptions, or specific requirements to be made, we will require full payment for these items in order for such work to be performed.

2.8 If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by me in collecting or attempting to recover all of part of the debt.

2.9 If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

3. THE HIRE ITEMS

3.1. In accordance with the terms of this Agreement, we will deliver the Hire Items on the Delivery Date to the address provided at the time of booking and confirmed sent via text/email prior to the event.

3.2. These Hire Items include:
a. Soft Play and Play equipment: and
b. Jumping Castles and inflatables (the PlushDOME).

3.3. All of our Hire Items above are available to hire for a maximum of four (4) hours. Additional hours may be requested and a fee will be applied.

3.4. The Price of the Hire Items includes the cost of the Hire Items, and any applicable charges outlined in Schedule A.

3.5. Where there is an event at licensed restaurants, clubs, and function centres that will exceed 100 guests (regardless of age), all corporate events or events held at a location with over 150 guests (regardless of age) will require an attendant present to supervise the equipment. The cost of such attendant will be borne by you and will cost $50 per hour.

3.6. You must:

• 3.6.1. Ensure that there is adequate space for the Hire Items (and instances where there is not, no credits or refunds will be provided);
• 3.6.2. Ensure adequate access at the location, including but not limited to providing space in driveways for our van to park;
• 3.6.3. Ensure the site is clean and free from obstruction, furniture or bulky equipment;
• 3.6.4. Ensure the site is free from pets and young children during set up and pack up times;
• 3.6.5. agree and acknowledge that we will not be held liable for any Hire Items that are delivered to, or left at, the wrong location;
• 3.6.6. ensure that the Hire Items are kept in a safe environment and only used for the intended hire purpose.
• 3.6.7. Ensure that the site is suitable for set up and that the ground is dry and level (instances where the ground is made up of pebbles, bark, mulch and/or is wet, sodden, and/or muddy, no credits or refunds will be provided);
• 3.6.8. Ensure that the Hire Items remain on the location it is placed, and installed by our crew unless otherwise agreed (for example, in inclement weather).
• 3.6.9. Ensure that when it is time for us to collect the Hire Items from the Site, they are all located in one place for ease of collection (this includes all balls be placed back in the ball pit). Where this does not occur, further charges will apply.

3.7. You agree and acknowledge that if the Site is not as outlined by you, we may charge additional fees ($120 stair/elevator fee) which will be immediately invoiced to you and payment will be required within three (3) business days of the date of the new payment request.

3.8. The Hire Items will, at all times, remain our property. You have no legal or equitable interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon delivery) will be as a Bailee for the entire period from the time that you book the Hire Items up to the time in which the Hire Items are collected.

3.9. Upon delivery, the Hire Items must be inspected by you to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. You will on completion of the inspection be deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.

3.10. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, immediately following your discovery.

3.11. If weather is predicted during the Period of Hire, it is your responsibility to make alternative arrangements as to the Hire Items’ location. The alternative location must be ascertained prior to the Period of Hire. A postponement may be allowed in accordance with Clause 5.

3.12. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:

• 3.12.1. At all times, ensure that the Hire Items are supervised and not left unattended, whether it be prior to use, during use, or awaiting delivery;
• 3.12.2. Ensure that you have the appropriate permission from the relevant Council or authority which allows you to place the Hire Items at your selected location (and in instances where you fail to do so, we will not be responsible for any fees, charges or fines incurred);
• 3.12.3. At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;
• 3.12.4. Where we are to collect the Hire Items at the expiration of the Period of Hire, you must make them available for collection in a clean state and in good order and working condition at the Site on the Collection Date and time;
• 3.12.5. Not, without our written consent provided prior to the Delivery Date, adhere anything to any Hire Item including but not limited to: vinyl, glue, tape, staples, stickers. If prior written consent is provided, you must return the Hire Items to the condition they were in when delivered;
• 3.12.6. Be responsible for all accidental damage to the Hire Items, save and except where, in our reasonable opinion, such damage is caused by us;
• 3.12.7. Be responsible for all loss or damage to the Hire Items, except for damage which has been caused by reasonable wear and tear;
• 3.12.8. At no time during the Period of Hire part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;
• 3.12.9. Ensure that the Hire Items are secure at all times and where being stored in unlocked premises, supply such security measures to ensure that the Hire Items are secure at all times;
• 3.12.10. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items;
• 3.12.11. Not permit any person to improperly use the Hire Items.

3.13. You acknowledge that we may in providing the Services be dependent upon other contractors preparing the Site for the Hire Items or their installation. We will not be liable for any delay in installing the Hire Items or for providing the Services where such delay is a consequence of any act or omission.

3.14. In the event that the Hire Items or any part of them are lost, stolen or damaged during the Period of Hire in circumstances where you bear responsibility under this Agreement, you will be liable to us and will indemnify us for the cost and expenses of the replacement of such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole determination, are damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged Hire Items.

3.15. In the event that you fail or refuse for any reason whatsoever to return or make available for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in breach of an essential term of this Agreement and without prejudice to any other rights which we may have, either pursuant to this Agreement or at law, you will be liable to pay us on a Day-Rate basis for the hiring of the Hire Items for such further period or as otherwise notified by us.

3.16. The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items that can substantially be used for the same purpose as the lost damaged or destroyed Hire Items. In addition, you fully indemnify us for any other liability, loss or cost that we might sustain as a consequence of us being unable to meet any other contractual obligation to supply those Hire Items(or any other item thereof).

4. MEAL FOR ATTENDANT

4.1. You shall provide a meal for any attendant provided. It is your responsibility to advise the attendant of any significant events during mealtime before they take place.

4.2. If no meal is to be provided and meals are not available, the attendant reserves the right to depart the location in search of a meal for a temporary period of no more than 1 hour.

5. CANCELLATION OR CHANGE OF DATE (NON-WEATHER CANCELLATIONS)

5.1. You may cancel this Agreement at any time, by notifying us in writing and by doing so, you forfeit the Booking Fee in accordance with this Agreement.

5.2. Where a cancellation is made within twenty one (21) days of your Booking Date, you will not be refunded or credited any monies paid at that time. Your Bond (if paid) will be returned to you.

5.3. Where a cancellation is made prior to the twenty-one (21) days of your Booking Date, you will forfeit your 50% booking fee and refunded the remaining 50% of the package price paid at the time of booking. An administration fee of $25 will be deducted from any refunds provided.

5.4. You may postpone or change the Delivery Date on one occasion, however the postponement or change of date is subject to availability. If an alternative date cannot be provided you will forfeit the 50% booking fee paid.

6. WEATHER CANCELLATIONS

6.1. The Hire Items are not suitable for inclement/adverse weather conditions. The surfaces of the Hire Items can become slippery and there is a risk of falling/slipping or to hot to touch in direct sunlight. Further, castles have an electric blower continually attached to the castle, which cannot be left running in the rain. It is for these reasons that we do not set up, or allow the Hire Items to be used, in inclement weather. As such, we reserve the right to cancel the Hire right up to the commencement of the Hire Period at any point in time where we believe that inclement/adverse weather poses a risk to you, your guests or the Hire Items themselves. Where we are required to cancel at short notice, this does not entitle you to a refund of the price paid for the Hire Items. It is for this reason that we strongly recommend that you have ready an indoor option available.

6.2. Castles pose a risk to all persons using the castles during strong winds or unpredicted wind gusts. Wind may force the castles to become airborne, may cause them to collapse and/or trap persons using the castles. It is for this reason that we reserve the right to cancel at short notice, or require the cessation of the use of the castles, at any point in time prior to the Hire, or during the Period of Hire. This is more likely to occur where wind speed is expected to exceed 23km per hour, or on the day of the Hire, if the anemometer reading indicates a wind speed of 23km per hour or more.

7. TAKING AND USING PHOTOS

7.1. You expressly grant us permission to use photos from your Event in various forms of advertising promoting our business. Where images are provided by your photographer, appropriate credit will be given but you must warrant that you have obtained permission from the copyright owner of the photo for its use.

7.2. We may use and publish photographs of all involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote our services and inventory.

7.3. We may, at our cost and discretion, document aspects of your event with photography, video and or written word with our selected suppliers. We will be respectful of your privacy and anonymity by not including your name or photos of you and your guests if you do not wish for this information to be published. Should you find that we post photographs but wish for us to take them down, please inform us and we will use our best efforts to do so as soon as practicable.

7.4. All creative work and Hire Items provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the concept & items hired within your quote/invoice. All subcontractors/third party suppliers must also credit accordingly when using our services or the Hire Items.

8. WARRANTY, LIABILITY, AND INDEMNITY 

8.1. To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

8.2. Subject to clause 8.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.

8.3. We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

8.4. To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:

• 8.4.1. Any act or omission by you;
• 8.4.2. Any breach of these terms; and
• 8.4.3. Any third-party claim against us;

arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.

9. FORCE MAJEURE

9.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).

9.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.

9.3. In genuine force majeure circumstances, we will endeavor to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavors to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 5.

9.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.

9.5. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.

10. ENTIRE AGREEMENT

10.1. The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.

11. DISPUTES

11.1. Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

12. TERMINATION

12.1. We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:

• (a) we experience harmful or threatening behaviour;
• (b) you fail to provide instructions or cooperate with requests for information;
• (c) you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;
• (d) any invoice rendered by us remains outstanding;
• (e) you breach a term of this agreement which is not capable of remedy;
• (f) we give fourteen (14) days notice of my intention to terminate or suspend the performance of
  the agreement.

12.2. You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.

13. GOVERNING LAW AND JURISDICTION

13.1. Any Agreement between us is governed by the laws of the Australian Capital Territory. The parties submit to the non exclusive jurisdiction of the courts of the Australian Capital Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.

14. SEVERABILITY

14.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.

15. MISCELLANEOUS

15.1. If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.

15.2. We may assign any rights or benefits under this Agreement to any third party.

15.3. You may only assign any rights or benefits under this Agreement with our prior written consent.

15.4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

16. EXECUTION BY PARTIES

16.1. This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

17. EXECUTION BY CORPORATE BODY OR BUSINESS

17.1. Where our Services are booked by a corporate body or business, you warrant that the authorised officer of the entity has the authority to make binding decisions on behalf of the entity.

SCHEDULE A

[i] SPECIAL CONDITIONS – SOFT PLAY

1. GENERAL RULES AND SAFETY INSTRUCTIONS

1.1 A responsible adult must always supervise the Soft Play Equipment (‘the Equipment’) and ensure that it is being used within the parameters explained in these Terms and Conditions.

1.2 No food or drinks or chewing gum is allowed on or near the Equipment. This will avoid breaching health and safety regulations as per our insurance requirements. You (the hirer) are to ensure that the Equipment is kept in a clean condition.

1.3 The Equipment is designed for children the age of six (6) and under. Please ensure no kids older than this age use the Equipment.

1.4 All shoes, jewellery, glasses, badges etc. MUST be removed before using the Equipment. You will ensure that children do not wear shoes or have items in their pockets while using the Equipment.

1.5 All toddlers must wear a nappy and/or clothing of some sort. You will be charged for any stains made on the Equipment.

1.6 No animals, toys or sharp instruments to be allowed on or near the Equipment.

1.7 STRICTLY NO FACE PAINT near the Equipment, as face paint permanently stains our Equipment.

1.8 Do not allow any substances to come into contact with the Equipment. This includes but is not limited to; bubbles, liquids, party streamers, cake icing etc.

1.9 No smoking or alcohol near the Equipment.

1.10 Ensure that no children who are presenting signs of illness or infection are using the Equipment as this may encourage the spread of germs.

1.11 All children MUST sanitise their hands before using the equipment.

1.12 Please discourage children from running onto the Equipment or conducting summersaults or hanging off Equipment as this poses a potential risk for them to run into each other or to trip on the matting.

1.13 You will ensure adequate shade and sun safe measures are taken to minimise the risk of heat related illness and/or sunburn. Ensure children are wearing hats, socks and sunscreen. Please do not allow the Equipment to sit in the sun as it will become hot to touch. Do not allow children to play on hot Equipment. If shade will be required, gazebos are available to hire for $10 per hour arranged prior to delivery day.

1.14 All Balls must be placed back in the ball pit prior to the collection time. If Balls are found dispersed and outside the play area the Security Bond will be forfeited.

1.15 We understand that some balls may get lost, however if there seems to be a large number (i.e. more than 25) missing then you will be charged a $15 replacement fee per 25 balls.

1.16 Always ensure that the ball pit is not overcrowded, and limit numbers according to the age and size of children using it. Avoid large and small children from using it at the same time.

1.17 The Large ball pit has high sides which small children may need help with as they enter and exit.

1.18 You are advised that if there is excessive mess on the Equipment, a cleaning fee of $150 will be deducted from the security bond paid. Whilst we are happy to perform routine cleaning, additional cleaning takes more time and will be charged accordingly.

1.19 You should advise at the time of booking if there are stairs/or elevator to the set up site, a $120 stairs fee will be applied to the invoice if there is one or more flights of stairs required. If at the time of set up, stairs/elevator is encountered then a $120 per flight of stairs will be deducted from the security bond or charged accordingly. A flight of stairs is defined as being a set of 5 or more steps.

[ii] SPECIAL CONDITIONS – JUMPING CASTLES

1. GENERAL RULES AND SAFETY INSTRUCTIONS

1.1 A maximum of FOUR (4) to TEN (10) children are permitted on the jumping castle(s) at any one time, depending on maximum weight loads.

1.2 Total maximum weight at any one time should not exceed 100kg for the small units and 200kg for the medium units and 400kg for the large units.

1.3 No one person weighing 100kg or more is permitted on the jumping castle(s).

1.4 Adults are permitted on the jumping castle(s) if supervising or assisting a child in need of care but must adhere to the maximum weight allowance.

1.5 To avoid collision and rough play, children of mixed age groups must be separated when using the castle(s). Children 1 -2 years must be separated from children aged 3 -6 years when using inflatables.

1.6 All riders must remove shoes before playing on the jumping castle(s).

1.7 To avoid injuries; flips, wrestling and rough play is not allowed.

1.8 No toys, jewellery, glasses, sharp or foreign objects of any kind are permitted on the castle(s).

1.9 A person over the age of 18 years MUST be present to supervise children on the jumping castle(s) AT ALL TIMES. The safety of children is your responsibility at all times.

1.10 Absolutely no pets, pens, textas, paint, dye, lollies, food, drinks, spray silly string, face gems, streamers, party poppers, glitter, water, sand, mud, dirt or other sticky substances are allowed on the jumping castle(s) at any time. If any of these items or any items are found to have been in or on the jumping castle(s), the security bond will be forfeited. If any stains deemed by us to be severe are to be found on the castle, a damage or replacement fee may apply.

2. SPECIAL INSTRUCTIONS

2.1 If the castle(s) begins to deflate for any reason, immediately instruct children to carefully disembark through the main entrance.

2.2 Should the motor stop, check the on/off switch on the blower and the extension cord connections.

2.3 If the motor is still running, check the air intake on the side of the motor for blockages, check You must tubes at the back of the jumping castle(s) unit are attached tightly, straight and that the motor has not tipped. If the above does not correct the problem please call us immediately on 0433942352 or
0400107340.

2.4 If the castle(s) is/are setup outdoors and it rains or becomes windy during your Hire, you are to immediately instruct children to carefully disembark through the main entrance of the castle, turn off the motor and contact us on either 0433942352 or 0400107340. You are not to continue to use the castle/s if it rains or becomes windy at any point in time during the Hire period.