Terms and conditions of hire
Please carefully read this document as it affects your legal rights. You must ensure that you understand and can comply with all the terms and conditions outlined, as this forms the basis upon which Aussie Sports Activations have agreed to supply recreational services hire equipment to you
The following Terms and Conditions must be accepted by the “Hirer” prior to “Aussie Sports Activations” making the goods or services available to the “Hirer”. By making a booking and/or viewing our website, you agree and acknowledge it is your responsibility to check our terms and conditions, therefor it is right for Aussie Sports Activations to assume you have done so, and are agreeable with the terms below.
1 Definitions and interpretation
“goods” means all goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Aussie Sports Activations to the Hirer and “hire of goods” includes any services provided by Aussie Sports Activations in delivery, unpacking, installing and collecting the goods; “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or any amending legislation. “Aussie Sports Activations” means Craig Peter White ABN: 64 287 554 012 T/As Soccer Stars; “Hire Period” means, the booking period specified as your confirmed booking hire period within your booking confirmation email from Aussie Sports Activations. Please note that our team may require access at least 1 hour prior to the Hire Period in order to complete a safety risk assessment, install and inspect the inflatable amusement and or amusement devices, and provide a comprehensive safety briefing training you in safe operation of the equipment. In other cases they may need access the day prior to the event, if the setup team deems necessary. “Hirer” means the person, firm or company (jointly and severally if more than one) who has entered into and or on whose behalf the contract was entered into, with Aussie Sports Activations to supply the recreational hire goods. “The Owner” means Aussie Sports Activations, its employees agents and or contractors; “Site” means the geographical location at which the hired goods are used, specified by the Hirer in their online booking request. “Terms” means these Terms and Conditions of Hire, the Safe Operation Rules and Safety information and Liability Warning Disclaimer and Waiver form provided herein. Any terms stipulated on the invoice, including date, time and location, here by supersede any terms mentioned elsewhere.
2 Basis of Contract
2.1 Unless otherwise agreed in writing by Aussie Sports Activations and the Hirer, these terms and conditions shall be the only terms and conditions on which Aussie Sports Activations will provide the goods and or services to the Hirer
2.2 These Terms, which include the safe operation rules and risk warning and waiver form, are deemed to be accepted by the Hirer in accordance with the Electronic Transactions Act 1999 (Cth), when electronic declaration of acceptance has been provided by the Hirer checking the confirmation tick box at the time of lodging a booking enquiry request.
2.3 The Terms apply exclusively to every contract for the hire of goods and supply of services by the Hirer from Aussie Sports Activations and cannot be varied or supplanted by any other terms without the prior written consent of Aussie Sports Activations. Any such variation permitted must be in writing.
2.4 If an order placed by the Customer is accepted by Aussie Sports Activations, Aussie Sports Activations agrees to hire the goods to the Hirer for the Hire Period, based on the information specified by the Hirer in their online booking request, for use at the nominated Site, and subject to these Terms.
2.5 Goods hired shall at all times remain the property of the Owner
3 Hire Charges and Variation
3.1 Unless otherwise specified, any quotation assumes:
(a) delivery, installation, removal and return of goods being provided during ordinary working hours;
(b) delivery being made to level ground which does not contain excessive obstructions or access difficulties;
(c) grounds or floors which possess the requisite space to erect the inflatable as specified on Aussie Sports Activations website and confirmed by the Hirer when lodging a booking request
(d) the Customer meeting their obligation to return the goods in good order and clean condition, as delivered.
3.2 Any variation to the assumptions in clause 3.1 may incur further charges payable by the Hirer for additional equipment used, time spent or overtime rates by Aussie Sports Activations.
3.3 Prices for the hire of goods and services generally exclude GST, unless otherwise stated.
4 Invoicing, Payment and Bonds
4.1 Payment for hire of goods and services must be made by:
(a) a 50% deposit to be made within 48 hours of the Hirer receiving Aussie Sports Activations booking confirmation email; with the full balance paid 14 days prior to the event, or
(b) if order placed less than 14 days from the event, then payment in full is required to confirm the booking.
(c) for approved corporate account customers payment in full is due within 7 days of invoice or earlier as determined by Aussie Sports Activations
4.2 Payment must be made by Cash, EFT, Credit card or EFTPOS. As payments made via EFT may take up to three business days to reach Aussie Sports Activations customers remitting their deposit via EFT must email a copy of the EFT receipt in reply to the booking confirmation email to ensure acceptance of the deposit in securitisation of the booking within the required 48-hour timeframe.
4.3 A Security Bond may be required to safeguard against the risk of loss or damage to the hire goods. Should a security bond be required the Hirer agrees to provide Aussie Sports Activations with a valid current credit card or debit card were requested and expressly authorises Aussie Sports Activations to place a pre-authorisation for the bond sum. The Hirer further expressly authorises Aussie Sports Activations to debit the Hirer’s nominated debit or credit card for any loss or damage to the equipment, extended booking fee or cleaning fee in accordance with the terms of this agreement. Cash Security Bonds may alternatively be accepted subject to Aussie Sports Activations approval.
4.4 The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).
5 Cancellations and Variation
5.1 If through circumstances beyond the control of Aussie Sports Activations, Aussie Sports Activations is unable to provide goods, then Aussie Sports Activations may:
(a) make changes to the goods provided that the end performance is not materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by notice in email, writing and/or verbally and without penalty.
5.2 The Hirer may cancel an order but will forfeit all booking deposits and in addition is subject to and agrees to the below specified contractual cancellation conditions, estimating the reasonable loss incurred by Aussie Sports Activations in booking amendments or cancellations.
5.3 By reserving and booking an item for hire, the Hirer is removing the ability of this item to be hired to another individual. Accordingly, Aussie Sports Activations forfeit all potential income derived from the hire of that item to another individual. This similarly applies where you book equipment for use in an outdoor venue, where weather conditions may impact the ability of this item to perform, where another more suitable indoor venue may have resulted in a successful hire.
5.4 For these reasons, please carefully read and understand the below cancellation terms, as by agreeing to these terms and conditions you are agreeing to these terms.
For bookings cancelled less than seven days prior to the event, the balance of the invoiced fee is due in full. (This is as there is almost no opportunity or prospect to re-hire the device within this 7-day period). You understand that if this balance has not been remitted this contract renders you liable to pay this remaining balance immediately.
For orders cancelled more than 7 days prior to the delivery a charge of 50% of the hire fee will be payable. If leading up to the event, rain is forecasted, it is the responsibility of the hirer to ensure they let Aussie Sports Activations know they wish to postpone or reschedule the event. Fees will still be incurred for work carried out. This will only be possible if Aussie Sports Activations has no prior commitments on the chosen date. If the circumstances do not allow Aussie Sports Activations to setup the equipment, on the day of the event, or time allocated for setup, due to the weather, no refund will be applied. This is because the work has still been carried out by Aussie Sports Activations, as well as the planning and preparations. Only at the discretion of the booking agent at Aussie Sports Activations, may a part payment be held for a rebooking, this will be determined by the costs associated with tasks to date, and any other reasonable expenses deemed reasonable by Aussie Sports Activations. Any requests must be given in writing to firstname.lastname@example.org. Under no circumstance shall a refund be issued at this point. The determined balance will be used to hold a booking date for another date, further costs will be applicable for the new date and full service of equipment, minus the 50% bond payment being transferred.
6 Delivery and Collection
6.1 Goods will be delivered in a clean, but not necessarily sterile, state. The Hirer is responsible to ensure any goods from which food or drinks are to be served are fit for use and or that any relevant permits applicable if operating in a public place, are obtained. During peak times, it is not always the case that each item will be cleaned prior to the event, due to time constraints. The hirer accepts this and understands that the cleanliness does not affect the usage. In extreme cases where the activation may not be fit for usage, the hirer acknowledges and accepts that Aussie Sports Activations may need to clean the equipment on site, prior to the event start time.
6.2 The Hirer must allow Aussie Sports Activations’ employees, agents, and insurers access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair, or replace them. The Hirer is responsible for providing safe and proper access to and at the Site. The Hirer is liable for all injury, loss or damage suffered by Aussie Sports Activations, its employees, or agents while at the Site.
6.3 The Hirer must make the goods available for collection by Aussie Sports Activations at the end of the Hire Period. For inflatables, do not dismantle or in any way attempt to move an inflatable as our trained installers will dismantle these. The Hirer must ensure however, that they wipe over the inflatable carefully with a towel to ensure it is clean and dry. For all other hire items, the Hirer will ensure they are empty, clean, dry, and packed into their respective containers and crates in a complete state. Additional charges will apply where the goods are not returned in this condition.
6.4 Once Aussie Sports Activations staff have arrived on-site, equipment hired will be considered rented and subsequently non-refundable. In the event weather conditions mean that it is unsafe for Aussie Sports Activations to setup the equipment hired (wind, rain, or other dangerous conditions), Aussie Sports Activations reserves the right to postpone or cancel the event. This policy is limited to justifiable weather cancellations only and does not apply to any other reason for customer cancellation. See refund policy for terms.
7 Responsibility of Hirer
7.1 The Hirer bears all risk in the goods for the Hire Period, including the Hirers ability or competence to use the equipment hired. Event where operators are not provided, the responsibility is of the hirers to ensure the equipment is cared for, looked after and operated correctly. For operational advice, see our webpage - www.aussiesportsactivations.com.au/clientportal
7.2 During the Hire Period, the Hirer is responsible for:
(a) safekeeping of the goods during the Hire Period;
(b) using of the goods in strict conformity with the goods’ instructions or specifications;
(c) not using pigmented streamers or decorations within or near any marquee hired;
(d) ensuring that the goods are not moved from the Site, unless in an emergency and Aussie Sports Activations is advised
(e) complying with all relevant laws, by-laws and regulations applicable to the installation, use and operation
of the goods;
(f) protecting the goods against soilage, damage, fire, tempest, flood, theft, distress or seizure;
(g) using only fuel, power and consumables specified by Aussie Sports Activations; and
(h) ensuring that the goods are not operated for any purpose beyond their rated capacity or in a manner
likely to result in undue wear; and
(i) in the event equipment breaks down or becomes unsafe, ensuring appropriate steps are taken to prevent
injuries to persons and to prevent the equipment sustaining further damage.
8 Safe Operation Rules and Safety Compliance
8.1 The Hirer is electing to self-supervise the operation and use of the inflatable, and warrants that they will strictly adhere to all safety training, information sheets and instruction provided to them by Aussie Sports Activations in relation to the hire goods.
8.2 The Hirer warrants that they have read, understood, and agree to be bound by the Risk Warning and Liability Form provided with these terms and conditions. The Hirer further acknowledges that this Form is a part of their contract with Aussie Sports Activations for the supply of recreational services.
8.3 The Hirer must supply Aussie Sports Activations installer with their original signed and witnessed Risk Warning and Liability Waiver form on the day of hire. This must be provided before your installer can proceed. Any failure to provide the form will result in the booking being unable to proceed and the full hire fee being charged.
8.4 The Hirer understands that there are a number of risks, including but not limited to the risk of injury and death, from the use and operation of recreational services hire goods such as inflatable and other amusements and understands that they use the device wholly at their own risk. The hirer further understands that Aussie Sports Activations have no liability in relation to any people who you may invite to use the device during your hire period.
9 Insurance and Indemnity
9.1 The Hirer understands and undertakes to indemnity Aussie Sports Activations for all loss or damage caused to the goods, subject only to the exclusion of defects rising out of the proper and ordinary use as specified in clause 10 of these terms.
9.2 The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for loss of or theft of the equipment hired in an amount not less than the replacement cost
(b) for loss of business or perishable goods as a result of damage to or breakdown of equipment hired
(c) for liability, property, and casualty insurance coverage in amounts necessary to protect the Owner and its staff and agents and its equipment against all claims or loss whatsoever. And understands that failure to do so may personally expose them to un-insured liability to indemnify any loss or damage to the goods.
10 Breakdown or Defect
10.1 The Hirer must inspect all goods on receipt and notify Aussie Sports Activations of any loss of or damage to the goods immediately should the same occur.
10.2 Breakdowns or defects in the goods resulting from:
(a) proper and ordinary use; or
(b) the development of an inherent fault or a fault not ascertainable prior to start of the Hire Period; may,
at Aussie Sports Activations’ option, either be repaired or the goods replaced at Aussie Sports Activations’ expense.
10.3 If repair is impracticable and if replacement goods are not available, the proportional charge for broken or
defective goods will be credited to the Hirer and Aussie Sports Activations will not have any other liability whatever to the Hirer.
10.4 No relief from hire charges nor any claims will be allowed by Aussie Sports Activations:
(a) for stoppages or damages due to causes out of Aussie Sports Activations’ control including, without limitation, breakdowns, bad weather or site conditions; or
(b) the Hirer not informing Aussie Sports Activations of the defect or breakdown immediately it occurs.
10.5 The Hirer must not try to affect any repairs on the goods without the prior approval of Aussie Sports Activations.
10.6 Aussie Sports Activations do not employ qualified electricians, any advice given is not legal advice or industry advice, it is a suggestion based on experience and there for the hirer should always seek a qualified professional. The hirer accepts and acknowledges that Aussie Sports Activations takes no responsibility for any electrical failures before, during or after the hire of equipment. If a generator is in use, no responsibility will be claimed by Aussie Sports Activations. It is the hirers responsibility to ensure that such equipment is operational for the hired equipment.
11 Default and Termination
11.1 If the Hirer:
(a) breaches any term of the Terms;
(b) is an individual and becomes bankrupt or enters into any scheme of arrangement or composition for the benefit of his or her creditors;
(c) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then
Aussie Sports Activations may, without prejudice to any other remedy available to it:
(a) require immediate payment of all money which would become payable by the Hirer to Aussie Sports Activations at a later
date on any account, without further notice;
(b) charge the Customer interest on any sum at a rate of 10% per month from the due date until the date of payment in full;
(c) charge the Hirer for, and the Hirer must indemnify Aussie Sports Activations from, all costs and expenses (including without
limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce
compliance with the Terms or to recover the goods;
(d) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods;
(e) charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;
(f) claim damages from Hirer for breach of the Hire Contract; and/or
(g) cease or suspend for such period as Aussie Sports Activations thinks fit, supply of any further goods to the Hirer.
11.2 On termination, the Hirer must immediately make the goods available for collection. If the Hirer does not, Aussie Sports Activations is entitled to enter any land and or premises of the Hirer where the goods are suspected to be to repossess the goods. Aussie Sports Activations will not be liable for any damage caused and the Hirer must indemnify Aussie Sports Activations from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.
12 Limitations and Exclusions
12.1 Except as specifically set out in the Terms, any term, condition, or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, is hereby expressly excluded.
12.2 Replacement or repair of any goods deemed to have experienced a defect as specified in clause 10 of these terms is the absolute limit of Aussie Sports Activations’ liability howsoever arising under the Terms or from the use of or any other dealings with the goods by the Hirer or any third party.
12.3 Aussie Sports Activations will not be liable for any loss or damage suffered by the Hirer where Aussie Sports Activations has failed to meet any delivery date or varies, cancels, or suspends the supply of the goods, in accordance with clause 5.1 of these Terms.
12.4 Nothing in the Terms is to be interpreted as excluding, restricting, or modifying or having the effect of excluding, restricting, or modifying the application of any State or Federal legislation which cannot be excluded, restricted, or modified.
13 Jurisdiction and Severability
13.1 The law of Victoria, and where applicable, concurrent operation of Commonwealth legislation regarding Consumer contracts, govern these Terms. The parties agree to the exclusive jurisdiction of the courts of Victoria, Federal Court of Australia, and of courts entitled to hear appeals from those courts.
13.2 Failure by Aussie Sports Activations to enforce any of these Terms shall not be construed as a waiver of any of Aussie Sports Activations rights. Wherein any term is unenforceable it shall be read down with an implied construction intending for the provision to be enforceable. If it cannot be so read down, the term shall be severable from these Terms in isolation, without affecting the enforceability of the remaining terms.
14 Release and Indemnity
14.1 The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer in accordance with the express Risk Warning and Waiver form provided to and executed by the Hirer in the presence of an Adult witness at the time of booking.
15 Weather restrictions
15.1 Wind – the hirer acknowledges and accepts that under no circumstances shall the inflatable equipment being hired, be used in winds that exceed 32kmph. If prior to the event wind radars are suggesting high winds are approaching, the event is subjective to cancellation or postponement - see cancellation terms for more information.
15.2 Wind readers are supplied and should be used to check the wind, every 30 minutes. The hirer shall adhere to the regulations stipulated on the wind reading template provided. If for any reason that template is lost, or was not issued, it is important that the hirer still measures the wind speed. We’d advise at this point to record them on a piece of paper or a mobile phone
15.3 Rain – the hirer acknowledges that no equipment can be setup, packed down or operated in rain. Aussie Sports Activations can supply wet weather equipment to cover blowers and plugs, though that is to reduce risk and not so that the equipment can be operated. It is to avoid the equipment getting further rain damage.
15.4 monitoring the weather is crucial to safety. There are several ways to do this, including using the wind reader supplied, observing overhead clouds and even Googling “weather near me”. Also make sure to use the websites listed below:
RAIN: bom radar: http://www.bom.gov.au
WIND: willy weather: https://wind.willyweather.com.au
Wet weather: if there is any rainfall, 1st remove all patrons, 2nd turn inflatable off, 3rd disconnect the power supply & then cover blowers, extension leads with our safety mats or remove items and place in an undercover area
Windy weather: if wind speeds exceed 32kmh or there are signs of severe winds approaching, the inflatable must be evacuated immediately, power supply turned off and if required, you can open the zippers located on the sides to help inflatable deflate quicker
Lightning: if there are any signs of lightning, the inflatable must be evacuated immediately and then turned off. Please refer to Aussie Sports Activations website for more information
15.5 In bad weather conditions Aussie Sports Activations may need to swap out larger inflatables for inflatables that are more weather appropriate, which includes our smaller sized range. This is due to the reason that we may need to act quickly, pack things up quickly to avoid any risk to persons or equipment. This is at the discretion of the employee setting up the equipment at the time and availability of equipment. If no replacement in equipment is available, and we cannot operate, refer to cancellation terms and conditions.
16.1 All invoicing is final, the hirer agrees and acknowledges that is their responsibility to double check the invoice for all of it's terms and conditions, dates, times and equipment listed. If the hirer notices any discrepancies then the hirer should immediately contact their booking agent.
16.2 By making the deposit the hirer agrees to all terms and conditions set out above, and on the invoice.