1.DEFINITIONS 

(a) The “Owner” is Love & Soiree

(b) The “Hirer” means a person who has signed this agreement by placing a booking or has been signed on the renter’s behalf by an agent

(c) The “Equipment” means soft play equipment, castles, ball pits and event equipment and any replacements and includes all accessories and other equipment.

(d) The “Hire Period” means the period beginning and ending on the date set out on the invoice provided by the Owner to the Renter.  
(e) “Damage” means any damage to the Equipment including but not limited to:

      (i) dark marks, scuffs usually caused by shoes or stains which will remain quite visible once the routine post-hire hygiene clean is performed

      (ii) Cuts, rips, tears, and punctures which will require repair or replacement of items

      (iii) Water damage (internal or external)

      (iv) Missing or broken pieces of equipment as a result of not following the rules of play.

 2. HIRE AGREEMENT 

(a) Except as expressly provided in these Terms and Conditions, these Terms and Conditions constitute the entire agreement between the Owner and the Hirer. These Terms and Conditions supersede and cancel all prior agreements, understandings or arrangements whether written or oral. 

(b) The Owner may change these Terms and Conditions at any time in writing but not so as to affect bookings accepted by the Owner prior to the change. 

(c) By submitting payment, the Hirer accepts these Terms and Conditions. Acceptance of any booking is at the sole discretion of the Owner and subject to the availability of the Equipment. 

(d) A booking for hire of Equipment is not confirmed until the Hirer returns a booking form and the amount is paid in full. 

 3. PAYMENT

(a) Payment is to be made in full at time of booking, however, Afterpay allows the Hirer to pay in instalments. 

Security Bond 

A bond payment of $150 is required with all bookings. You will be sent an invoice for this once you have checked out. This will be refunded within 2-5 days upon return of the goods in a condition free of Damage and acceptable to the Owner. 

4. CANCELLATIONS AND REFUNDS

 The Hirer is able to cancel a booking if a cancellation is received in writing, or confirmed in writing by the Owner, within the time periods listed below. 

1. 100% Refund: 4 weeks or more before the event date 

1. 65% Refund:  3-4 weeks before the event date 

1. 50% Refund: 1-3 weeks before the event date 

1. 0% Refund: less than 7 days before the event date 

Please note the security bond will be refunded in full for any cancellation. 

5. DAMAGES AND RETURN OF BOND
(a) On arrival the Hirer and Owner will check the Equipment for Damage and fill out the condition report.  
(b) The Hirer will be responsible for all and any Damage caused during their event and must pay the costs of repairing and or replacing the Equipment.  This includes any deep cleaning that may be required due to stained materials.  
(c) Upon pickup, the Owner will undertake an inspection of the play equipment and report any damage on the condition report. 
(d) In the event of any Damage, the Owner may immediately apply the Bond to any repair costs, including any deep cleaning costs. Or invoice the Hirer if bond does not cover the damage.
(e) Subject to clause 4 (d), the Owner will return the Bond or part of the Bond within 5 business days following completion of the post-hire inspection.
(f) The Hirer will be charged additional fees if all hired equipment is not available to be collected at the agreed time, if equipment is damaged or not in the state it was prior to their event. 

6. INSURANCE AND LIABILITY 
(a) The Hirer acknowledges that they bear all risk in the Equipment for the full duration of the Hire Period. The Hirer acknowledges and agrees that children are to be carefully supervised whilst using the Equipment by an adult who is competent.
(b) The Hirer agrees and warrants that if at any time the Equipment becomes damaged or believes conditions to be unsafe they will immediately have guests discontinue further use of Equipment.
(c) To the full extent permitted by law the Hirer hereby releases The Owner from any liability for any loss or damage suffered, or for any injury sustained, by the Hirer or any of its guests, employees, or agents for the full duration of the Hire Period.
(d) The Hirer releases the Owner from all claims in connection with the hire of the Equipment, including in connection with its use.
(e) The Hirer will indemnify the Owner from all Claims in connection with its use of the Equipment, the Hirer’s acts or omissions (whether negligent or otherwise) including those of the Hirer’s officers, employees, agents and contractors and any breach of this Agreement by the Hirer.
(f) The Hirer will, on demand, pay the deductible of any applicable insurance policy held by the Owner if an insurable event occurs in relation to the Equipment during the Hire Period.

7. HIRER’S WARRANTIES

The Hirer must: 

(a) Examine the Equipment upon delivery and immediately inform the Owner of any alleged defects or damages in the Equipment.

(b) Sign a condition report and acceptance form after an inspection is conducted with the Owner on delivery of the Equipment to the Hirer.

(c) Keep the Equipment in first-class condition and only use them as they would be used by a careful and prudent owner.
(d) Have the rules signed visible and on display for the duration of the Hire Period.
(e) Not use the Play Equipment for any illegal purpose.
(f) Return the Play Equipment free from Damage and in the same condition as they were received, subject to Wear and Tear.
(h) Be liable for any breach of this agreement or Damage to the Equipment committed by the Hirer, its servants or agents and users of the Equipment.
(i) Indemnify the Owner for any loss (including legal costs) incurrent by the Owner in relation to any breach of these Terms and Conditions and for any liability arising out of any such breach, including in respect of any Damage caused to the Equipment. 

8. TITLE TO PLAY EQUIPMENT
(a) The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to possess the Equipment as a mere bailee only.

(b) The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the  Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.

9. NO WAIVER
No delay by the Owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

10. GOVERNING LAW
These Terms and Conditions will be governed by the law of New South Wales.

11. SEVERANCE
Should any part of these Terms and Conditions be held to be void or unlawful, these Terms and Conditions are to be read and enforced as if the void or unlawful provisions had been deleted.

12. INTELLECTUAL PROPERTY
The Hirer acknowledges that it does not hold and will not receive any intellectual property rights in the Equipment. The Hirer may only use the intellectual property held by the Owner with the Owner’s prior written consent or in accordance with any instructions Imperial provides to the Supplier.