Our aim is to make it fair for both parties
Funtime Party Hire will be referred to as the “Lessor”
The customer / person entering into the contract will be referred to as the “Lessee”
The Lessee hereby agrees to the following terms and conditions and acknowledge that a contractual agreement is formed as follows;
1.1 In the event that the Lessee requests to remove items from a booking, the Lessee has the following options available;
1.2 Request for a substitute item of a greater cost and pay the difference;
1.3 Request for a substitute item of the same cost;
1.4 Request for a substitute item of lesser cost and the difference will be forfeited by the lessee if paid, if the order is not paid in full they will be require to pay the original cost
1.5 Any request for alterations made pursuant to clause 1 must be submitted in writing to firstname.lastname@example.org, taking note of Clause 2 & 12.
2.1 In the event that the Lessee requests to cancel a booking, the Lessee has the following options available.
2.2 In the event that the Lessee cancels the order four weeks from the event date, the Lessee agrees to forfeit the full amount payable for the hire;
2.3 In the event that the Lessee cancels the order 8 weeks from the event date, the Lessee agrees to forfeit 50% of the amount payable for the hire. Any amounts paid extra than 50% will be applied as credit for the Lessor to be used within 12 months.
2.4 In the event of government regulations imposed due to a pandemic or epidemic the Lessor will allow the Lessee to postpone the booking within 24 months of the previous event date, if the Lessee wishes to cancel the booking 2.1 & 2.2 will apply.
2.5 In the event of rainy, windy or other extreme conditions, the Lessee may request for a change of date up to 3 days prior to the Scheduled Event Date approved by the Lessor in writing. Failing a mutually convenient change of date, the Lessee agrees to forfeit the Bond and is liable for the full amount payable for hire. If the Lessor agrees in writing to accept the change of date no forfeit will apply.
For any avoidance of doubt, extreme conditions is defined as (but not limited to):
- Severe thunderstorms;
- Epidemics & Pandemic;
- Earthquakes; or
- Any other abnormal condition that would make it impractical for the hire to proceed.
2.6 Bookings cannot be transferred to any new dates nor can the bond be transferred without written approval from the Lessor.
2.7 Any request for cancellations made pursuant to clause 2 must be submitted in writing to email@example.com, taking note of Clause 2 & 12.
- In the following circumstances costs will be payable by the Lessee if the Lessor cannot undertake work or if extra delays occur because of any of the following;
3.1 The Lessee must ensure we have 80cms clearance to enter for most items, larger obstacle courses & water slides require 120cms and direct vehicle access.
3.2 The Lessee must notify us of any tight passageways that contain small doorways, steps, slopes, air conditioners, water heaters or taps down the side of your house / venue which would make the above access smaller, please notify what obstacles there are 7 days before your event, the Lessor would require assistance on the day of delivery. We may have to refuse your hire on the day.
3.3 The Lessee must ensure access to a power point of less than 20 meters for all inflatables.
3.4 The Lessee must provide access to a power point of less than 1 meter for all machines.
3.5 Payment must be cleared 7 days in advance if paying via bank transfer to allow payment to clear and payment allocated. Balance due can be paid cash on delivery to the driver before we set up your job or bank transfer 7 days prior to your event. We do not accept credit cards for balance due. If bank transfer does not clear the Lessor cannot continue with your hire.
3.6 The Lessor will call you 48 hours before your event date, if you do not respond to any communication from the Lessor within 24 hours of your hire date your order will be cancelled.
3.7 If access permits us from setting up your hired items on the day of delivery or the above circumstances in Clause 2 take place we will refuse the delivery & full costs of the invoice amount will be payable to the Lessor. Any due amounts owing to the Lessor will be charged to the Lessee, please note that cancellations are to be made pursuant to Clause 1.2 and 1.3, payment will be obtained as per Clause 1.2.
- In the following circumstances we cannot be held liable;
4.1 Any damage to property undertaking the job the Lessor will not be liable for; we need to be told beforehand of anything that will affect our work. Including anything noted in Clause 2.
4.2 If a power outage causes the Lessee’s hired items to stop working, the Lessor cannot come back out to fix them, no refunds can be issued because of this. If the power outage causes damage to our hired items, then full charges will be applied to your account and charged to you for the cost of repair or replacement.
4.3 In the event of rain or other extreme weather conditions like wind, heat waves or anything else noted in Clause 2.4 when the hired items couldn’t be used no refund will be issued.
4.4 The Lessor does not provide hoses for water slides; the Lessee must provide one on arrival.
4.5 The Lessee must tell the Lessor 7 days before your event if the castle is not on grass. Sandbags / safety mats might be required.
4.6 The Lessee will insure there are no pipes underneath the ground. If so, you will need to order sandbags. The Lessor will not be liable for damages caused.
4.7 The Lessee will ensure a power supply of 220-240V within 20 meters of inflatables & 1 meter of machines (Generators can be supplied at an additional cost, but you must let the Lessor know 7 days before your hire date)
4.8 Some of our inflatables are opened at the front and or don’t have any covers / roofs on them. They may also have sections which are not joined at the sides.
4.9 Hired items are subject to availability and due to high demand products provided may change slightly in design to what has been advertised by the Lessor. However, the item will still be fit for the purpose that was advertised.
4.10 Due to the nature of hired items some damages or general wear & tear or may be visible on them, some equipment may need some general cleaning however the hired item will be fit for purpose.
4.11 Any event times provided by the Lessee to the Lessor must be noted to the Lessor if these times cannot vary. Some events the Lessor may deliver 1-2 days before the event date. Any time provided by the Lessor is subject to change due to traffic conditions or other settings outside of the Lessor’s control. If the time cannot be changed you must let the Lessor know within 48 hours of making the booking, so the Lessor can insure they have staff adequately assigned or arrange delivery.
4.12 If the above circumstances take place in Clause 3 the Lessor is not responsible and no refunds, credits or compensation would be issued.
- In the following circumstances extra fees will apply to your booking;
5.1 The Lessor must be told about any stairs, steep hills, narrow passage ways etc.
5.2 The Lessee must ensure on pick up hired items are ready for collection. All hired items must be cleaned before the Lessor returns for pick up. Equipment must be kept in one area neatly. Inflatables must be kept on & cleaned.
5.3 The Lessee must ensure food machines are cleaned and should have no traces of food. Slushy machines and soft serve machines must be fully drained and flushed with water twice to insure it’s not stained and to build up within the machines.
5.4 Parking must be allocated to the Lessor and access must be within 20 meters on the ground floor, any fines or costs for parking will be passed onto the Lessee.
5.5 The Lessee must ensure all details on the invoice are correct.
5.6 The hire is for one day unless agreed upon mutually in writing by both parties. Failure to return the hired items or inability for our drivers to access the hired items for pick up will incur a daily charge for the hired items for any days beyond the agreed hire period, If the Lessee fails to return the hired items, the Lessee gives us permission to enter the premises of where the hired items is held to collect the hired items without being responsible for any damages caused to enter the premises. The Lessor will also report it to the police as stolen.
5.7 The Lessee must have money ready for the driver.
5.8 Equipment is only delivered to the front yard of the Lessee, this includes tables, chairs, wine barrels, fun food machines & may include more items. If you want it delivered beyond this, you must let the Lessor know within 48 hours of your event date.
5.9 The Lessee must ensure that streamers, poppers, silly string, face paint, chewing gum, shoes, food and drink MUST always be kept away from the inflatable & our hired items. If the above-mentioned hired items are in contact with the inflatable or any hired items and it has been damaged or need cleaning it will be consider malicious and the bond may also be surrendered, and you will be liable for the full cost of repairs, transport costs associated with the repairs and the loss of business costs while the castle is repaired.
5.10 Any missing, lost, stolen or damaged items while in the care of the lesser will be fully liable for costs to replace with a brand-new unit. The Lessee will be sent an invoice for the due amount, any cancelled bookings because of the item being lost, missing, stolen or damaged will be fully paid for by the Lessee.
5.11 The Lessee must ensure all hired items are returned in clean condition, any damages caused to the hired items or if the above circumstances take place in Clause 4, the Lessee would be liable for additional charges / costs. Payment will be obtained as per Clause 12.
- General terms and conditions
6.1 The Lessee providing email addresses upon booking agree to periodically receive
6.2 Lessee agrees to defend, indemnify, assume liability for and hold Lessor harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of the hired items, regardless of the basis.
6.3 If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
6.4 Certain hired items do not have public liability or insurance assigned to them; it is the Lessee’s responsibility to arrange any insurances required.
6.5 If you are having our hired items in a public space or non-residential the Lessee will need to seek approval from the necessary parties. Any cancellations because approval was not obtained, or approval was denied for any reason the Lessee is not entitled to a refund or credit.
6.6 By continuing with this order, the Lessee agrees and accepts our terms and conditions, The Lessee must sign the terms and conditions within 24 hours or reading if the Lessee fails to sign the terms and conditions the Lessor will grant this as automatic acceptances by the Lessee. If the Lessee does not agree with the terms and conditions the Lessee must email in writing to firstname.lastname@example.org.
- On the day of the hire:
In the following circumstances full costs will be payable by the Lessee if the Lessor cannot undertake their work or if extra delays occur because of any of the following;
7.1 If the Lessee is not present at the time of delivery or does not respond to any communication from the Lessor, the Lessor will wait 10 minutes before leaving. If the Lessor is more than 10 minutes late the Lessor has the right to cancel the booking. The Lessee will be fully liable for all costs.
7.2 If the Lessor has hired an inflatable with a Velcro banner & the banner detaches or comes off from the inflatable the Lessor will not be liable, the banner can easily be blown off by wind, dislodged by a human or general wear & tear could prevent it from sticking. The Lessee is entitled to stick the banner back.
7.3 All inflatables are secured the best way possible by the Lessor, if at any time it becomes loose the Lessee must stop use of the inflatable & contact the Lessor immediately, if the Lessee cannot contact the Lessor, then Lessor is able to try as best as possible to re secure the inflatable.
7.4 The Lessee must maintain adult supervision & ensure all rules are followed when using any of the Lessor’s products & services. The Lessor does not take responsibility for any injuries that arise from the use of their products or services. The Lessee must keep a watch of weather conditions and if they change, they must ensure they cease use of the inflatable.
- In the following circumstances we cannot be held liable;
8.1 The Lessee must inspect and check all hired items and notify Lessor at the time of delivery if there are any hired items missing, damaged or unfit for use. Failure to do so will see the Lessor responsible for any damages or missing hired items upon pick up.
8.2 The quality of photos printed from the photo booth depends upon several factors including external lightning, back drops etc. We cannot be held liable if the photos come out darker than required.
8.3 Before the Lessor leaves on the night you must ensure you have a copy of the USB media from the photo booth the Lessor cannot be held liable once they leave and a fee of $50 may apply to obtain the copy of the photos. The Lessor cannot be held liable if the media is lost.
8.4 Once the photo booth has been set up and the Lessor has left, no further changes can be made to the template or position to the photo booth. The Lessor cannot be held liable if the template design is different to what the Lessee wanted.
8.5 If the Lessee has hired a gelato cart, they must provide the Lessor a freezer to keep the gelato inside until the freezer is ready. Failure to do so the Lessor cannot be held liable if the gelato melts.
- Pick up of hired items:
9.1 Pickups are on Friday & drop offs are on Monday for weekend hires, the hours for pick up & drop off are dependent & vary. The Lessee will be given a time and must arrive at this time; the Lessor’s warehouse is for appointment only. If you do not arrive within 10 minutes of the time the booking might be cancelled and charged as per Clause 12.
9.2 Strictly don’t allow pickups on weekends.
9.3 Hired items are not on display
9.4 The Lessee must have a suitable vehicle to pick up the goods in.
9.5 The Lessee must bring packing blankets and adequate strapping to secure the hired items for transport.
9.6 Handling fee of $10 may apply to orders below $100.
9.7 Weekend hire rate will apply to all items if you choose to pick up on Friday and return Monday, fee might be waived.
9.8 Payment for the due amount shall be paid in cash or bank transfer 7 days prior to your pick-up date.
- Fun Points:
10.1 Points only added once payment has been made in full and the hire date has passed.
10.2 Points cannot be cashed out or transferred.
10.3 Points cannot be used to pay bonds.
10.4 One-point equals Ten cents.
10.5 Fun points never expire.
10.6 You earn Ten points for account sign up; these points can’t be used towards your 1st booking.
10.7 You earn Fifty points for referring to someone these can be used straight away. Can refer to as many people as you like.
10.8 We reserve the right at any time without notice to cancel the program or change the value of the points.
- Bond request refund
11.1 The bond will be refunded back to the Lessor the same way it was paid as per our bond process attached to the email at the time of the booking. You will be required to submit the payment details required to obtain your bond refund. The Lessor does not store any banking details on file so it’s important to ensure the details are correctly given. Any details which are given incorrectly the Lessor is not liable for.
11.2 If you don’t receive a reply from us within 48 hours of submitting your email, please call us on (02) 9833 4456. The Lessor won’t be held liable if the bond refund is not requested within 3 months of your hire. If you fail to get in contact with us after 3 months the bond will be forfeited or can be carried over to future bookings.
11.3 The bond paid by the Lessee can be used for any amounts that are due to the Lessor.
- Payments terms and conditions
12.1 Any extra fees, charges or expenses owing to the Lessor as stated above in our terms and conditions will come from your bond, however if your bond does not cover this you will be issued a bill / invoice to make payment for that.
12.2 Any additional fees & charges for legal & collections will be charged to the Lessee.
12.3 If the Lessee disputes any payments via Credit Card or PayPal this charge along with any other charges will be invoiced to the Lessee.
12.4 Any hired items that stop working or not fit for purpose may be given as a credit for your next order. Final decision will be up to the Lessor.
12.5 If a credit is applied to a booking granted by management, the Lessee has 6 months to use this credit from the time of the original booking at least provided otherwise in writing.
12.6 You will be required to pay the amount due to the Lessee if payment is not made within 24 hours of being cancelled or after the Lessee’s event a $10 late fee will apply, if payment has not been received within 7 days of your event date or when cancelled whichever comes first a final $20 late fee will apply. If payment still has not been made by the Lessee it will be handed off to a third-party collections company, an additional fee of 30% plus GST will apply to any amounts already owed to the Lessor. At any time, the debt might be escalated by the Lessor straight to collections after 24 hours of the event date or when cancelled whichever comes first.
The terms and conditions can only be amended by the Lessor. The terms and conditions can be updated at any time by the Lessor. Updated terms and conditions will be provided to the Lessee. If the Lessee does not agree with the new terms and conditions the old terms and conditions will only apply.
The Lessee acknowledges that they have read the entire Terms and Conditions and accordingly understand their obligations.