1. DEFINITIONS

      1. “Owner” means Jumping Jims Castle Hire and any related body as defined in the Corporations Act 2001 and its agents, successors and assigns.
      2. “Hirer” means the person named on the invoice or order form.
      3. “Equipment” means the inflatable equipment or other equipment hired including all tools, accessories and spare parts supplied therewith which the Owner agrees to hire to the Hirer.
      4. “Venue” means the location where the Equipment will be used by the Hirer.

2. CANCELLATION

      1. In the event of bad weather the Hirer may cancel this Agreement without incurring a cancellation Fee provided that the Hirer gives to the Owner at least 2 hours’ notice before the Equipment commences transit failing which following fees shall apply:
        (a) $30.00 per hour incurred in loading and driving; and
        (b) an additional $50.00 if cancelled for any reason other than bad weather.
      2. If during, or prior to the Event, it becomes unsafe to operate Equipment due to changing weather condition, Equipment failure, breakdown or damage of Equipment, the Owner may at its discretion cancel the use of the Equipment for any period of time in which case the full Fee shall apply.

3. EQUIPMENT

      1. The Hirer accepts and hires the Equipment on an “as is” basis.
      2. Every effort is made to have the Equipment available for the day for hire. If the Equipment is unavailable or non-operable due to damage, or other unforeseeable circumstances, the Owner reserves the right to provide an alternate item of Equipment.
      3. The Hirer acknowledges that they shall take full responsibility for any loss/damage to the Equipment during the period of hire and any damage or breakage caused by the use of the Equipment shall be the responsibility of the Hirer to make good, replace or repair such damage or loss.
      4. In the event of the Equipment becoming unsafe or in a state of disrepair, the Hirer will immediately discontinue its use until such time the Owner has regained possession and until such time the hirer agrees to take all steps reasonably necessary to prevent injures to any persons and any property of the Owner.
      5. In the event of Equipment failure, the Hirer shall not attempt to move the Equipment or make repairs without the consent of the Owner.

4. DELIVERY AND SET UP

      1. The Hirer shall provide a safe, accessible, flat useable area at the Venue for the installation of the Equipment.
      2. The Hirer shall ensure that there is an adequate supply of electricity within 30 metres of the site where the Equipment is to be installed failing which generators may be required at an additional cost to the Hirer.
      3. The Owner will use its reasonable endeavours to make delivery of the Equipment to the Venue by the specified time but in the unforeseen event that the Owner is delayed the Owner shall not be liable for late delivery.
      4. The Hirer will ensure the Equipment will fit in the space at the Venue for the safe operation of the Equipment.
      5. The Hirer releases the Owner, its staff, agents or contractors for any damage costs to the Venue or setup area caused by the installation, operation or removal of the Equipment.
      6. The Owner or his agents accepts no responsibility for damages caused to:
        1. water or gas pipes, electrical or recirculation systems and the like;
        2. buildings or associated chattels such as paving sandstone and the like within the Venue while erecting, delivering or operating the Equipment.
      7. The Hirer shall undertake to take full responsibility to ensure safe and workable conditions for the Owner and its employees.
      8. The Hirer must inform the Owner prior to the Event if it intends to erect any of the Equipment on any surface other than grass.
      9. Inflatable Equipment is best located on grass but can be set up on concrete/bitumen provided the Owner has received adequate prior notification and performed a site inspection. An additional fee will be incurred if the installation of the Inflatables needs to be on concrete or on any surface other than grass and the Hirer has not given prior notice to the Owner.
      10. The Hirer is to provide adequate lighting for any supervision or collection of Equipment after dusk.
      11. The Hirer shall ensure that there is safe and unrestricted access to the Venue where the Equipment is to be installed. If access is impeded (for example due to blocked entrances, stairs or insufficient space) then an additional fee may apply.
      12. If access to the Venue is impossible or the site is unsuitable or unsafe, then the Owner may cancel this Agreement and the full hire Fee applies.

5. PURPOSE OF HIRE

      1. The Owner hires the Equipment to the Hirer on the understanding that the Equipment will be hired for the intended purpose.
      2. The Equipment is not to be sub-hired to any person.
      3. The Equipment is not to be used as an attraction for any fund raising event, unless prior written consent has been given by the Owner.
      4. Should the Hirer use the Equipment other than in accordance with this Agreement, then this Agreement shall be terminated and the Owner’s public liability cover no longer applies.
      5. It is the Hirers responsibility to obtain local council permits if required.

6. PERIOD OF HIRE

      1. The maximum period of hire shall be as specified in the invoice or order form.
      2. The period of hire commences when the Equipment is delivered and erected at the Venue and shall expire at the time and date agreed between the Owner and the Hirer, or when the Owner returns to collect the Equipment. The Hirer remains responsible for the Equipment until it is collected by the Owner.
      3. If the Hirer fails to enable the Owner to collect the Equipment for any reason at the time and date agreed, then the Hirer shall incur an extra charge for each hour or part thereof until all of the Equipment is collected.

7. RATE OF HIRE

      1. The rate of hire is the rate agreed between the Hirer and the Owner more specifically set out in the invoice or order form.

8. PAYMENTS

      1. Payment of the Fee is required in full on written confirmation of the booking by the Owner.
      2. A 2% credit card transaction fee will be applied to all credit card payments.
      3. Payments are non-refundable unless otherwise agreed in writing by Owner.
      4. The Hirer agrees to pay all amounts due in clear funds within Owner’s agreed timeframe. The Hirer agrees that if it fails to pay in accordance with this clause, Owner may:
        1. Charge a late payment fee of 10% on all amounts paid after the due date.
        2. Charge interest on debts at 2% per calendar month.
        3. Charge a dishonour handling fee in the amount of $95.00.
        4. Recover all collections costs and expenses incurred in collecting overdue accounts.
        5. Withhold supply.
        6. Sue for money owing on the goods or services provided.

9. SUPERVISION

      1. The Hirer accepts full responsibility for the supervision of the users of the Equipment whilst the Equipment is on hire.
      2. The Hirer shall provide a designated supervisor, who must be a responsible person 18 years and above, capable of exercising control over children, not be under the influence of drugs or alcohol, and have a clear and unobstructed view of the children at all times.
      3. The Equipment must not be left unattended.

10. CONDITIONS OF HIRE

      1. The Hirer agrees to ensure that all users of the Equipment follow the Hirer’s safety rules and regulations set out below together with any other instructions provided by the Owner to the Hirer.
      1. The age limit for the Jumping Castles is 10 years and under.
      2. The age limit for the Combos, Deluxe Jumping Castles and Slides is 12 years and under.
      3. With special care, the supervisor may allow a limited number (eg. 1 or 2) 13 or 14 year olds, providing younger children are first removed from the Equipment.
      4. No footwear or spectacles are to be used on the Equipment.
      5. No, toys, food, drinks, sharp or dyed objects or any other article that could cause damage to the Equipment or the users is to be used on or around the Equipment.
      6. The Owner has the right to enter the Venue at any time without notice during the hire period to check on the performance of the designated supervisor and the operation of the Equipment. Where the Owner decides the Equipment is not being used in accordance with the terms of this Agreement, the Owner has the right to terminate the Agreement immediately and to remove the Equipment.
      7. The Owner reserves the right to refuse hire on the day, if an unfavourable situation could cause damage to the Equipment and/or its users.
      8. Regardless of circumstances, any damage caused by adults entering the Equipment will be charged to the Hirer.
      9. The Owner agrees any images or testimonials given from the Hirer may be used by the Owner for marketing purposes and has no commercial value.
      10. The Hirer agrees to take full responsibility for any loss or damage caused by patrons/guests during the period of hire and make payment according to the extent of the damage and loss.
      11. The Hirer agrees to prevent the use of hoses or buckets on the Equipment.
      12. If the Owner believes the castle has been deliberately wet or left sandy, a cleaning fee will apply.
      13. Dyed objects are to be kept off the Equipment e.g. streamers, confetti, party poppers, silly string. Dyes do cause permanent damage, particularly in wet weather.
      14. Once an inflatable piece of Equipment has been inflated, the Hirer shall not turn off the fan or deflate the Equipment without the prior consent of the Owner.
      15. The Hirer agrees to prevent the repeated switching on and off of the fan under any circumstances. This will cause permanent damage to the motor and will result in damaged incurred by the Owner if not less than $1,000.00 on account of electrical repairs and loss of trade.
      16. The Hirer will report all personal injuries or damage to the Equipment to the Owners immediately after they occur and not later than the completion of the hire.

11. NO LIABILITY

      1. The Owner will not be liable for any person in respect of damage, the loss of life or personal injury to any person, whether that loss, damage or personal injury is caused by any person’s negligence (including the negligence of the Owner) or otherwise unless such incident is a direct result of a malfunction of the Equipment, which has not been occasioned by the Hirer or their users, or any breach of the rules which are set out in the written directions/instructions. The Hirer should arrange their own public liability insurance.

12. INDEMNITY

      1. The Hirer shall be solely responsible for the supervision and conduct of all users of the Equipment and the Hirer Indemnifies and holds the Owner harmless against all claims, actions, suits, demands, costs, expenses, including all legal costs and expenses which the Owner might suffer or incur as a result of the use of the Equipment whatever caused by negligence of the Hirer, guests or attendees or by negligence of any other person whatsoever or arising out of the condition of the Equipment or the use to which it is put.

13. ASSIGNMENT

      1. The Owner may assign its rights under this Agreement at any time prior to the Event.
      2. If the Owner assigns its rights under this Agreement then the Owner shall give notice in writing to the Hirer of such assignment whereupon the Owner shall be released from any liability to the Hirer whatsoever.

14. SEVERANCE

    1. In the event of any part of this Agreement becoming void or unenforceable whether due to the provision of any statute or otherwise, then that part shall be severed from this Agreement to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and be unaffected by any such severance.