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HIRE AGREEMENT

Final page of the agreement must be signed prior to equipment setup. 

TERMS AND CONDITIONS OF HIRE

1.    Definitions

a.    Customer is a reference to the person, firm, organization, partnership, corporation or other entity hiring Equipment from the Owner named in Item 2;

b.    Equipment means all equipment specified in Item 3 provided to the Customer under this agreement and all plant that is acquired and hired in the future (after the date of this agreement);  

c.    Environmental Laws means any statute, policy directions and regulations made issued by a regulatory or government body regulating to the environment including without limitation the use of protection of the environment; 

d.    Force Majeure means;
i.    war, whether declared or undeclared, revolution or act of public enemies; or
ii.    riot or civil commotion; or
iii.    strike, stoppage, ban, limitation on work or restraint of labour at any place reasonably relevant to the parties; or
iv.    act of God; or
v.    fire, flood, storm, tempest or washaway; or
vi.    act or restraint of any governmental or semi-governmental or other public or statutory authority; or
vii.    any cause or causes beyond the control of the Customer; or
viii.    any cause or causes beyond the control of the Owner; or
ix.    a Public Health Emergency of International Concern or pandemic declared by the World Health Organization; or
x.    a human bio security emergency or health related quarantine or entry and exit restriction declared or imposed by a Government Agency; or
xi.    an imminent threat of an event in clauses (ix) or (x) above. 

e.   Government Agency means the government of the Commonwealth of Australia or an Australian State, Territory or local government and includes their authorities, agencies, government owned corporations and authorised officers, courts and tribunals;

f.    GST means goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (as amended); 

g.    Hire Charge means the rate and charges payable by the Customer for the hire of the Equipment as defined in Item 4;

h.   Hire Period means the period described in Clause 3 and Item 5;

i.    Interest means the interest rate set out in Item 7;

j.    Item means an item in the Reference Schedule;

k.   Owner is ABC Castles and Soft Play Hire Pty Ltd A.C.N. 647 321 159 its successors and assigns;

l.    PPSA means the Personal Property Securities Act 2009 (Cth) (as amended) and any other legislation and regulations in respect of it and the following words have the same meaning and effect given to them in the PPSA: collateral, financing change statement, financing statement, interested person, purchase money security interest, register, registration, security agreement, security interest and verification statement;

m.  Reference Schedule means the document attached to these terms and conditions and provided by the Owner to the Customer which includes details of the Owner, Customer, Equipment, Hire Period and Hire Charge;

n.   Rules means any reasonable request or directions by the Owner concerning the use of the Equipment and the performance of the parties’ obligations under this Agreement and Item 10. 

o.   Security Deposit means the amount stated at Item 8;

 

2.    Hire

a.    The Owner agrees to hire the Equipment to the Customer and will provide the Equipment in good working order and will allow the Customer to exclusively use the Equipment during the Hire Period subject to the terms of this Agreement.

b.    The Customer will hire the Equipment from the Owner for the Hire Period and will pay to the Owner the Hire Charge. 

 

3.    Hire Period

a.    The Hire Period commences when the Customer takes possession of the Equipment and is for the term specified in Item 5 or if no period is specified in accordance with Clause 3b.

b.    The Hire Period is for an indefinite term and ends when the Equipment is returned to the Owner. 

c.    The Hire Period includes weekends and public holidays. 

 

4.    Hire Charges

a.    The Hire Charge will commence from the Hire Period commencement date and continue until the date the Equipment is returned to the Owner. 

b.    The Hire Charge is charged for the time the Equipment is out of the possession of the Owner at the Customer’s request (inclusive of weekends and public holidays) and when held on standby by the Owner for the Customer, not only the time which the Equipment is used. 

 

5.    Other Charges, taxes and duties

a.    In addition to the Hire Charge the Customer agrees to pay:

i.    Any consumable, fuel or trade material supplied by the Owner to the Customer in the hire of the Equipment.

ii.    The Owners costs associated with delivery, collection and installation of the Equipment (if required).

iii.    Any stamp duty or GST (or similar taxes or duties) arising out of or in connection with this Hire Agreement and the hire of the Equipment by the Customer.

iv.    Any other applicable levies, fines, penalties and any other government charges arising out of or in connection with this Hire Agreement and the hire of the Equipment by the Customer.

v.    Charges for payment by Credit Card for the Hire Charge or any other charge applicable under this Hire Agreement.

vi.    Any reasonable charge incurred by the Owner for cleaning, maintenance or repair if the Equipment is not returned in good working condition and in a clean manner. 

 

6.     Terms of Payment

a.    The Customer must pay the Hire Charge and other fees and charges that become due and payable under this Hire Agreement prior to the Commencement Date as set out in Item 6 or as directed by the Owner from time to time (whichever is the earlier). 

b.    The Owner may charge Interest, calculated daily, on the total outstanding balance not paid by the Customer by the due date. The Owner’s right to demand payment of Interest under this Clause 6 is without prejudice to any other rights and remedies that the Owner may have in respect of a payment default under this Agreement.

c.    Where the Owner is required to deliver and/or install the Equipment, it will not be responsible for the delays in delivery or installation or failure to deliver due to causes beyond its control including but not limited to acts of god, war, terrorism, mobilization, civil commotion, riots, embargoes, orders or regulations or governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.

d.    The Owner reserves their right to revise its Hire Charge and other charges without notice.

e.    The Owner may offset against any credit owed to the Customer any amount owing by the Customer to the Owner.

7.    Deposit

a.    The Owner may require the Customer to pay a Security Deposit and the Customer must pay to the Owner the Security Deposit prior to collection or delivery of the Equipment. 

b.    The Owner may offset the Security Deposit against any amounts owing or unpaid by the Customer in accordance with Clause 6e. of this Agreement without notice to the Customer. 

c.    Waiver of this condition is at the absolute discretion of the Owner. 

 

8.    Customer’s Hiring Obligations

a.    The Customer acknowledges and agrees they have satisfied themselves as to the suitability and condition of the Equipment and the Customer will ensure the Equipment is used only for the purpose for which it was designed by the manufacturer. The Owner makes no guarantee or warranty that the Equipment is suitable for the intended purpose of the Customer. 

b.    The Customer agrees it will follow the Rules concerning the Equipment and performance of the parties obligations under this Agreement.

c.    The Customer will;

i.    operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;

ii.    ensure persons operating the Equipment are suitably trained in the safe and proper use of the Equipment, where necessary hold a current license for the use of the Equipment, wear suitable clothing and protective equipment when operating the Equipment and display all safety signs and instructions (as required by law) and ensure that all operating instructions and safety signs are observed by the operators of the Equipment.  

iii.    ensure risk assessments (where required) are completed prior to the operation and use of the Equipment.

iv.    store the Equipment safely and securely and at all times during the Hire Period the Customer.

v.    accept full responsibility for the safe keeping and insuring of the  equipment during the Hire Period and indemnify the Owner for all loss, theft of or damage to the Equipment however caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission  of the Customer.       

vi.    accept full responsibility for and indemnify the Owner against all claims, judgments, loss, expense (including all reasonable legal costs and disbursements of lawyers) or liability incurred or suffered by or brought or made or recovered against the Owner in respect of any injury to persons, or loss, or damage to property, arising out of the delivery, servicing, storage, possession or use of the Equipment during the Hire Period however arising.

vii.    not be entitled to claim any lien over the Equipment, not sell, transfer or encumber in any way the Equipment and shall not, without the Owner’s written approval, part with possession of the Equipment, nor assign the benefit of this Hire Agreement;

viii.    not alter, make any addition to, deface or erase any identifying mark, plate or number on the Equipment, or in any other manner interfere with the Equipment;

ix.    when moving the Equipment ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines.

x.    not remove the equipment from the State or Territory in which the Equipment is hired, without the consent of the Owner.

xi.    comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.

xii.    use their best endeavours to ensure the Equipment is not contaminated with any hazardous substances (including asbestos).  The Customer will advise the Owner of any risks of hazardous substance contamination to the Equipment as soon as they become apparent and where the Equipment has been subjected to contamination, the Customer must effectively decontaminate the Equipment. 

d.    The Customer will allow the Owner to enter the Customer’s premises at all reasonable times to inspect and where necessary maintain the Equipment from time to time during the Hire Period.

 

9.    Return of Equipment

a.    The Customer will return the Equipment to the Owner in the same clean condition (free of contamination) and good working order it was in when the Customer received it, ordinary fair wear and tear excluded.  

b.    The Equipment must be returned by the Customer to the Owner at the Owner’s place of business or as otherwise directed by the Owner to the Customer.

 

10.    Ownership of Equipment

a.    The Owner owns the Equipment and in all circumstances will retain title to the Equipment (even if the Customer goes into liquidation or becomes bankrupt during the Hire Period).  The Customer’s right to use the Equipment is as a bailee only. 

b.    The Customer may not offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way. 

c.    In no circumstances will the Equipment be deemed to be a fixture. 

 

11.    PPSA 

a.    This Hire Agreement is a security agreement for the purposes of PPSA. 

b.    The Owner may register any actual or impending Security Interest (in any manner the Owner considers appropriate) in relation to any Security Interest contemplated or constituted by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment.

c.    The Customer undertakes to:

i.    Do anything that is required by the Owner so that the Owner will acquire and maintain one or more perfected Security Interests under the PPSA in respect of the Equipment and its proceeds and to register a financing statement or financing change statement and to ensure that the Owner’s security position and rights and obligations are not adversely affected by the PPSA. 

ii.    Not register a financing change statement in respect of the Security Interest contemplated or constituted by this Hire Agreement without the consent of the Owner; and

iii.    Not create or purport to create any Security Interest in the Equipment, nor register or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior consent of the Owner. 

d.    The Customer:

i.    Waives their right under Section 157 of the PPSA to receive a copy of the verification statement relating to the Security Interest created under this Hire Agreement;

ii.    Agrees to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of:

A.    Section 95 (to the extent that it requires the secured party to give notices to the grantor);
B.    Section 96;
C.    Section 118 (to the extent that it allows the secure party to give notices to the grantor);
D.    Section 121(4);
E.    Section 125;
F.    Section 130;
G.    Section 132(3)(d);
H.    Section 132(4);
I.    Section 135;
J.    Section 142; and 
K.    Section 143. 

iii.    Agrees that the following provisions of the PPSA will not apply and the Customer will have no rights under them:

A.    Section 127; 
B.    Section 129(2) and (3);
C.    Section 130(1);
D.    Section 132;
E.    Section 134(2);
F.    Section 135;
G.    Section 136(3), (4) and (5); and 
H.    Section 137. 

e.    Unless otherwise agreed and to the extent permitted by the PPSA, the Customer and the Owner agree not to disclose information of the kind referred to in Section 275(1) of the PPSA to an interested person, or any other person requested by an interested person.  The Customer waives any right the Customer may have, or but for this clause may have had, under Section 275(7)(c) of the PPSA to authorize the disclosure of the above information. 

f.    For the purposes of Section 20(2) of the PPSA the collateral is Equipment including any Equipment which is described in the Reference Schedule provided by the Owner to the Customer from time to time.  

 

12.    Termination of Hire and Recovery of Equipment

a.    Without prejudice to any other remedies available to the Owner and not withstanding the Hire Period, the Owner may terminate this agreement:

i.    At any time by giving the Customer twenty-four (24) hours notice of its intention to terminate, such termination to be effective as of the expiry of twenty-four (24) hour notice period; 

ii.    Without notice if the Customer commits a breach of this Agreement or does or permits any act or thing to be done whereby the Owner’s right to or in the Equipment may be prejudiced or have a winding up petition presented against it or be wound up or go into voluntary liquidation or commit an act of bankruptcy or if a receiver of its assets or any of them is appointed or if it makes an assignment or compromise for the benefit of its creditors or if its business is placed in administration or official management or if it ceases to carry on in business.

b.    The Customer may terminate this Agreement by providing thirty (30) days written notice to the Owner.  The Agreement will not terminate under this provision and the Hire Charge will be payable by the Customer until such time as the Equipment is returned to the Owner.

c.    If the Owner has terminated this Agreement, or if the Customer has failed to make payment to the Owner in accordance with the Agreement, then the Owner may take all necessary steps (including legal action), at the Customer’s expense, to recover the Equipment including entering the Customer’s premises or the premises on which the Equipment is located to do so and the Customer expressly consents to the Owner entering the Customer’s premises or the premises on which the Equipment is located for the purposes of recovering the Equipment.  Further, the Owner is expressly authorised to decommission the Equipment and disconnect (or arrange for disconnection) of any utility services where this is required in order to remove the Equipment from the Customer’s premises. The costs associated with any decommissioning, disconnecting services will be charged to the Customer. The Owner shall not be liable for any damage caused to the Customer’s property as a result of decommissioning, disconnecting the utility services and removing the Equipment. The Customer indemnifies the Owner in respect of any claims, damages and expenses arising out of any action taken under this clause.

 

13.    Theft Damage Waiver for Hire Equipment

a.    The Customer is responsible for the theft, loss and damage to Equipment and accessories during the Hire Period and until the Equipment is returned to the Owner, and the cost of replacement and repairs to such will be charged to the Customer. 

i.    In the event of loss of the Equipment the full replacement of the cost of the Equipment will be charged to the Customer. Replacement costs to be determined by the Owner at the Owner’s discretion;

ii.    In the event of damage to the Equipment, the full repair cost will be charged to the Customer. The repair costs will be determined by the owner at the Owner’s discretion. The Owner is not under any liberty to repair the Equipment.

 

14.     Exclusion of Conditions, Warranties and Liability

a.    To the full extent permitted by law the Owner excludes all implied terms and conditions and warranties including, without limitation, terms conditions and warranties implied by State or Commonwealth legislations.

b.    The Owner and Customer agree that in the event of the Customer suffering any loss (including economic loss), damage, costs, expense or claim howsoever arising as a result of hiring of the Equipment (including without limitation in respect to delay or inconvenience arising out of any failure or defect in the Equipment), the liability of the Owner is limited to the repair or replacement of the Equipment. The Owner shall not be liable under any circumstance for any direct, indirect, economic, special or consequential loss or damage of any nature whatsoever.

 

15.    Indemnities

a.    Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement.  It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Agreement.

 

16.    Costs

a.    The Customer must pay the costs of the Owner in respect of this Agreement where applicable.

 

17.    Miscellaneous 

a.    Where the parties experience a Force Majeure event, the Owner shall not be held liable or responsible in any way for its failure to fulfil its obligations under this Agreement and the Customer shall do all things reasonably necessary and required to protect the Owner’s interest in the Equipment. 

b.    The person signing the document for and on behalf of the Customer hereby covenants with the Owner that he or she has the authority of the Customer to make this agreement on the Customer’s behalf and is empowered by the Customer to bind the Customer to this Agreement and hereby indemnifies the Customer against all losses, costs and claims incurred by the Owner arising out of the person so signing this Agreement not in fact having such power and authority;

c.    Expiration of the Hire Period or termination of this Agreement shall not affect any of the hire conditions that are expressed or implied to operate or have effect after termination;

d.    Time is to be of the essence of all obligations of the Customer in these conditions;

e.    If any of the Terms and Conditions are found to be void, voidable or unenforceable, the validity and enforceability of the remaining provisions shall not in anyway be affected or impaired;

f.    This Agreement comprises the entire agreement between the parties.  No additional terms and conditions apply to this agreement unless varied in accordance with Clause 17f. 

g.    No amendment or variation of this agreement is valid or binding on a party unless made in writing and executed by both parties;

h.    No failure to exercise or any delay in exercising any right, power or remedy by the Owner operates a waiver. A single or partial exercise of any right, power or remedy by the Owner does not preclude any other or further exercise of that or any other right power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing;

i.    The rights, power and remedies of a party under this agreement are in addition to, and do not exclude, limit any right, power or remedy provided by law or equity or by an agreement;

j.    This agreement is governed by the State of Queensland and each party submits to the non-exclusive jurisdiction of the Courts of that State in respect of any proceedings arising in connection with this Agreement.

k.    Each party acknowledges that the other party nor any person acting on behalf of the other party have made any representation or other inducement to them to enter into this Agreement and each party has entered into this agreement without any reliance on any representation or inducements made by the other party except for those representations contained in this Agreement. 
 Responsibility to monitor ongoing weather

It is our  responsibility to monitor weather during an event, after setup will advise clients if they see the trees swaying to deflate the castle, remove children, and to wait until it passes before re inflating the castle, also requesting them to monitor the wind speeds at www.wind.willy-weather.com.au, if wind is in excess of 28km the client will should remove children and deflate the castle will then continue to monitor conditions and also contact the clients and request they deflate the castle for the duration of the windy period.

contact with the hirer

Contact will be made via a phone call to the hirer, i will request 2 x contacts per party whom will be contactable during the event, i will call both parties, i will also send text message's to both emergency contacts should they not answer the phone call. If no response is received i will send an email to the hirers email address.

Guidelines when dry hired

INFLATABLE SAFETY GUIDELINES FOR SUPERVISORS/ HIRERS OF INFLATABLES

1. Supervision of children on an inflatable must be  a competent person of at least 18 years of age

The supervisor must be in attendance at all times during the duration of the hire.

2. The supervisor must ensure that an appropriate mix of persons participate at anyone time. ie, matched in weight or age. This is to ensure larger participants do not fall or injure the smaller ones

3. The supervisor should ensure all patrons are using the inflatable safely. For example but not
limited to: No summersaults, No back flips, No bouncing off walls and hitting other patrons. Feet first
down the slide and only when the slide is clear of patrons.
4.Keep children clear from the back of the inflatable at all times so there is no temptation for them
to touch the electric blower or detach the power supply plugs whether deliberately or accidental.
5. Do Not let the participants hang over the sides of jumping castles as they may fall out causing
injury. Hanging over the side will distort the inflatable which may in turn cause participants to
become caught in the corners of the inflatable.
6. The supervisor must check the inflatable for safety throughout the duration of the hirer. This
includes checking for rubbish or discarded objects that may injure a patron or damage the inflatable,
Check that all zippers and Velcro connections remain secure and that there is no potential disruption
to the power supply by ensuring the secure connection of the power cords. The blower can also suck
plastic bags over the air in take (on the side of the blower) so please check this and remove anything
that may affect the performance of the blower.
7.Our drivers/installers will anchor the inflatable by either heavy pegs or anchors on each side by
tying rope to a secure fence, other permanent structure or to weight bags.
8.The inflatable should be held down securely at all times whilst in operation. If any part of the
holding down system becomes detached, it is the supervisor’s responsibility to clear all riders from
the inflatable (and, if necessary, deflate it) until such time it can be securely restrained
/anchored. Our inflatables cannot be used in winds over 29km per hour. We use the following
scale to work out when to deflate:
On Land If near water
Moderate
winds

16 - 29
km/h
9-16
knots
Raises dust and loose
paper; small branches
are moved.

Small waves - becoming
longer; fairly frequent

www.wind.willyweather.com.au. We take no responsibility if you do not adhere to the above
requirements.
9. No shoes / food or drink is allowed on the inflatable and smoking is not allowed on or near the
inflatable. Do not set up a barbecue or any other heating device near the inflatable.
10. Streamers, poppers or silly string are NOT allowed on or near the inflatable as they can cause
injury and may stain the vinyl. If damage is found within seven (7) days of the booking date the client
/ customer will be held liable for repairs and be charged a minimum of $500 to cover the repair
costs.
11.When the children are getting off a jumping castle they should slide off the front, not jump.
12.If damage is done to the castle as a result of misuse you will be liable for the cost of the repair
and any other costs associated in repairing the castle.
13 The hirer is required to sign Disclaimer Forms prior to participating on any inflatable. The
disclaimer form is a waiver for any child or adult over the age of 18 yrs using the inflatable during
the hired period. The hiree takes all responsibility and will not hold us liable for any injury to
participants or to property.

Process if the castle are required to shut down

Remove all children, turn off blower to deflate castle.
Contact supervisor and emergency contacts during the event as advise to shut down castle. Send
contacts a text message requesting them to vacate the castle and to deflate should they not be
contactable. Then hiree will be sent an email, If no contact has been made to either the
supervisor or emergency contacts. We will endeavour to return to the event ASAP if
no contact has been made to shut down the castle.

Director                       
ABC Castles & Soft Play Hire Pty Ltd
in accordance with Section 127(1) of the 
Corporations Act 2001 (Cth)

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