AGREEMENT TO HIRE
These terms for the hire of goods and equipment are an agreement by you (“you”,
“your”, “the hirer”) to hire goods and equipment (“Hire Items”) from Let’s
Celebrate Party Hire Pty Ltd (ABN 89 679 743 358) (“we”, “us”, “our”), be that
agreement made by SMS, email, facsimile or any other method of communication
(the “Agreement”).
The hiring of the Hire Items is confirmed once you have executed the Agreement.
Where you fail to execute the Agreement but proceed to pay any money to us, you
are deemed to have acknowledged and accept the terms of this Agreement.
This Agreement and its Schedules will constitute the entire agreement between us
and you and supersedes all previous arrangements or agreements with you.
1. BINDING CONTRACT
1.1. This Agreement is entered into and will be binding on us and you when book the
Hire Items.
2. TERMS OF PAYMENT
2.1 You will be required to pay the total price for the Hire Items at the time of
Booking. By paying the total price, you are paying us to reserve the items for a
specific date, and for the full use, set up, cleaning and any non-specified ancillary
cost associated with the equipment hire.
2.2 You understand that through booking the date, you accept that we will suffer loss
by declining other bookings on that date.
2.3 The Booking Fee is not transferable to another Booking Date or another type of
goods or services (unless otherwise provided within the Terms or agreed by us).
2.4 At the time of booking, you will be required to preauthorise a ‘bond’ payment on
your credit card. The ‘bond’ is 50% of the total price.
2.5 Upon delivery, the Hire Items must be inspected by you to determine whether the
Hire Items delivered are complete in accordance with this Agreement and are in
good order and working condition. You will on completion of the inspection be
deemed to have satisfied yourself that the Hire Items are suitable, fit and
merchantable and capable of meeting all the requirements of the Hire Items.
Upon pick up, we will inspect the Hire Items. The preauthorised ‘bond’ payment will
only be charged when the items are not in good order or working condition.
Determination as to the condition of the equipment at the time of our collection will
be at ours or our representative’s absolute discretion.

2.6 If the cost of repairing or replacing damaged items exceeds the pre-authorised
bond amount, you must pay us within seven (7) days of notifying you the additional
cost that additional sum. We reserve our rights to seek all costs that we incur to
collect or attempt to collect the debt arising from a breach of these Terms. The term
“all costs” includes but is not limited to all debt collector fees, legal fees, court filing
fees and any other expenses of whatever nature incurred by us in collecting or
attempting to recover all of part of the debt.
3. THE HIRE ITEMS
3.1. In accordance with the terms of this Agreement, we will deliver the Hire Items on
the Delivery Date to the address provided at the time of booking and confirmed sent
via text/email prior to the event.
3.2. The Hire Items include the items as selected and paid for by you at the time of
booking the equipment.
3.3. Where your event is to be held at a premises not in your control such as a
licensed restaurant, club or function centre, you take full responsibility of the
equipment and use of the equipment. You are liable for any damage cause by your
guests or uninvited guests. It is your sole responsibility to ensure any venue allows
the use of our equipment at their premises. We take no responsibility or liability if you
make a contract with us to later find you are unable to use our equipment at your
intended venue.
3.4. The hirer must:
● 3.4.1. Ensure that there is adequate space for the Hire Items (and instances
where there is not, no credits or refunds will be provided);
● 3.4.2. Ensure adequate access at the location, including but not limited to
providing space in driveways for our vehicle to park;
● 3.4.3. Ensure the site is clean and free from obstruction, furniture or bulky
equipment;
● 3.4.4. Ensure the site is free from pets and young children during set up and
pack up times;
● 3.4.5. agree and acknowledge that we will not be held liable for any Hire Items
that are delivered to, or left at, the wrong location;
● 3.4.6. ensure that the Hire Items are kept in a safe environment and only used
for the intended hire purpose.
● 3.4.7. Ensure that the site is suitable for set up and that the ground is dry and
level (instances where the ground is made up of pebbles, bark, mulch and/or

is wet, sodden, and/or muddy, no credits or refunds will be provided if damage
or additional cleaning is required);
● 3.4.8. Ensure that the Hire Items remain on the location it is placed, and
installed by our crew unless otherwise agreed (for example, in inclement
weather).
● 3.4.9. Ensure that when it is time for us to collect the Hire Items from the Site,
they are all located in one place for ease of collection (this includes all balls
be placed back in the ball pit). Where this does not occur, further charges will
apply.
3.5. The Hire Items will, at all times, remain our property. You have no legal or
equitable interest in the Hire Items or any part thereof. Your possession of the Hire
Items (upon delivery) will be as a bailee for the entire period from the time that you
book the Hire Items up to the time in which the Hire Items are collected.
3.6. Any shortages or malfunctioning of the Hire Items must be notified by you to us,
in writing, immediately following your discovery.
3.7. If weather is predicted during the Period of Hire, it is your responsibility to make
alternative arrangements as to the Hire Items’ location. The alternative location must
be ascertained prior to the Period of Hire.
3.8. In addition to all duties imposed at law upon bailees, it is an essential term of
this Agreement that you will:
● 3.8.1. At all times, ensure that the Hire Items are supervised and not left
unattended, whether it be prior to use, during use, or awaiting collection;
● 3.8.2. Ensure that you have the appropriate permission from the relevant
Council or authority which allows you to place the Hire Items at your selected
location (and in instances where you fail to do so, we will not be responsible
for any fees, charges or fines incurred);
● 3.8.3. At all times exercise all reasonable care and diligence in the use of the
Hire Items in accordance with Manufacturer’s or Owner’s specifications;
● 3.8.4. Where we are to collect the Hire Items at the expiration of the Period of
Hire, you must make them available for collection in a clean state and in good
order and working condition at the Site on the Collection Date and time;
● 3.8.5. Not, without our written consent provided prior to the Delivery Date,
adhere anything to any Hire Item including but not limited to: vinyl, glue, tape,
staples, stickers. If prior written consent is provided, you must return the Hire
Items to the condition they were in when delivered;

● 3.8.6. Be responsible for all accidental damage to the Hire Items, save and
except where, in our reasonable opinion, such damage is caused by us;
● 3.8.7. Be responsible for all loss or damage to the Hire Items, except for
damage which has been caused by reasonable wear and tear;
● 3.8.8. At no time during the Period of Hire part with possession of the Hire
Items or in any way deal with them in a manner inconsistent with our rights as
owner;
● 3.8.9. Ensure that the Hire Items are secure at all times and where being
stored in unlocked premises, supply such security measures to ensure that
the Hire Items are secure at all times;
● 3.8.10. Not remove or deface any label, Manufacturer’s serial numbers or
other marks identifying the Hire Items and/or our ownership of the Hire Items;
● 3.8.11. Not permit any person to improperly use the Hire Items.
3.9. You acknowledge that we may in providing the Services be dependent upon
other contractors or third parties preparing the Site for the Hire Items or their
installation. We will not be liable for any delay in installing the Hire Items or for
providing the Services where such delay is a consequence of any third parties act or
omission.
3.10. In the event that the Hire Items or any part of them are lost, stolen or damaged
during the Period of Hire in circumstances where you bear responsibility under this
Agreement, you will be liable to us and will indemnify us for the cost and expenses of
the replacement of such lost or stolen Hire Items and/or for the replacement of Hire
Items which, in our sole determination, are damaged beyond repair and/or for the
costs and expenses of repairing or re-instating damaged Hire Items.
3.11. In the event that you fail or refuse for any reason whatsoever to return or make
available for collection the Hire Items to us at the expiration of the Period of Hire,
then you will be in breach of an essential term of this Agreement and without
prejudice to any other rights which we may have, either pursuant to this Agreement
or at law, you will be liable to pay us on a Day-Rate basis for the hiring of the Hire
Items for such further period or as otherwise notified by us until the goods are
returned to us. Day-rate basis means the same amount of the total price charged for
your booking for each additional day the items remain in your possession.
3.12. The loss or damage to the Hire Items will be the replacement cost of the Hire
Items at that time or, where the Hire Items cannot be replaced, the cost of new
substitute Hire Items that can substantially be used for the same purpose as the lost
damaged or destroyed Hire Items. In addition, you fully indemnify us for any other
liability, loss or cost that we might sustain as a consequence of us being unable to

meet any other contractual obligation to supply those Hire Items (or any other item
thereof).
4. CANCELLATION OR CHANGE OF DATE (NON-WEATHER CANCELLATIONS)
4.1. You may cancel this Agreement at any time by notifying us in writing.
4.2. Where a cancellation is made within 7 days of your Booking Date, you will forfeit
50% of the total funds paid to us.
4.3. Where a cancellation is made prior to 7 days of your Booking Date, you will
receive a full refund. Your Bond (if paid) will be returned to you.
5. WEATHER CANCELLATIONS
5.1. The Hire Items are not suitable for inclement/adverse weather conditions.
We do not set up, or allow the Hire Items to be used, in inclement weather. As such,
we reserve the right to cancel the Hire right up to the commencement of the Hire
Period at any point in time where we believe that inclement/adverse weather poses a
risk to you, your guests or the Hire Items themselves. Where we are required to
cancel at short notice, this does not entitle you to a refund of the price paid for the
Hire Items. It is for this reason that we strongly recommend that you have ready an
indoor option available.
6. TAKING AND USING PHOTOS
6.1. If you decide to tag us in any social media or public forum photos, we ask that
you acknowledge us in the hiring of the equipment. By hiring the equipment, you
agree not to share any negative press regarding Let’s Celebrate Party Hire and we
reserve the right to demand any derogatory material is immediately removed from
any platform. If any derogatory material is published, you will be in breach of this
contract and all of our rights are reserved.
7. WARRANTY, LIABILITY, AND INDEMNITY
7.1. To the extent that the Australian Consumer Law allows, we provide the Services
on an “as is” and “as available” basis and disclaim all representations, warranties
and conditions of any kind, whether express, implied, statutory or otherwise with
respect to the Services (including all information contained therein), and including
any implied warranties of merchantability, fitness for a particular purpose,
non-infringement, title or ownership.
7.2. Subject to clause 7.1 above, we accept no responsibility and are not liable for
any direct or indirect, special loss or damage or injury to any person, corporation or
other entity in connection with this Agreement or the Services, howsoever caused
save for the event we have contributed to such loss or damage or injury.

7.3. We will not be liable to you or any other person for any liability or claim of any
kind whatsoever arising directly or indirectly (whether under statute, contract, tort,
negligence or otherwise) in relation to any indirect or consequential loss (including
but not limited to any loss of actual or anticipated profits, revenue, savings,
production, business, opportunity, access to markets, goodwill, reputation, publicity,
or use) or any other remote, abnormal or unforeseeable loss or any similar loss
whether or not in the reasonable contemplation of the parties.
7.4. To the maximum extent permitted by law, you will indemnify us against any
liability arising from or in connection with:
● 7.4.1. Any act or omission by you;
● 7.4.2. Any breach of these terms; and
● 7.4.3. Any third-party claim against us;
arising from or in conjunction with this Agreement, but this indemnity will be reduced
proportionately to the extent the liability was caused by our negligence.
8. ENTIRE AGREEMENT
8.1. The terms and conditions contained in this Agreement constitute the entire
agreement between us with respect to the Services and shall not be amended,
except where mutually agreed in writing.
9. DISPUTES
9.1. Both parties agree that any disputes arising from provision of the Services shall
be negotiated with a view to settlement prior to either party issuing legal
proceedings.
10. TERMINATION
10.1. We may immediately terminate, or suspend the performance of this Agreement
and you must immediately pay any money owed to us if:
● (a) we experience harmful or threatening behaviour;
● (b) you fail to provide instructions or cooperate with requests for information;
● (c) you breach a term of this Agreement and you do not remedy the breach
within fourteen (14) days;
● (d) any invoice rendered by us remains outstanding;
● (e) you breach a term of this agreement which is not capable of remedy;
● (f) we give fourteen (14) days notice of my intention to terminate or suspend
the performance of the agreement.

10.2. You may immediately terminate, or suspend the performance of, any
agreement in the event of substantial breach by us of my obligations hereunder,
where any such breach has not been remedied within 30 days of written notice from
you requiring the breach to be remedied.
11. GOVERNING LAW AND JURISDICTION
11.1. Any Agreement between us is governed by the laws of the laws of New South
Wales. The parties submit to the non-exclusive jurisdiction of the courts of New
South Wales and any courts which may hear appeals from those courts in respect of
any proceedings in connection with any Agreement.
12. SEVERABILITY
12.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term
must be read down for the purposes of that jurisdiction, if possible, so as to be valid
and enforceable, and is otherwise capable of being severed to the extent of the
invalidity or unenforceability, without affecting the remaining terms or affecting the
validity or enforceability of that term in any other jurisdiction.
13. MISCELLANEOUS
13.1. If any provision of this Agreement is unenforceable, the provision will be
severed, and the remaining provisions will continue to apply.
13.2. We may assign any rights or benefits under this Agreement to any third party.
13.3. You may only assign any rights or benefits under this Agreement with our prior
written consent.
13.4. This Agreement incorporates the entire understanding of the parties. Any
waiver of a breach or default hereunder shall not be deemed a waiver of a
subsequent breach or default of either the same provision or any other provision of
this Agreement.
14. EXECUTION BY PARTIES
14.1. This agreement must be executed by each party named. In instances where it
is signed by one party, the signing party acknowledges and warrants that they have
the authorisation to execute the agreement on behalf of the other party. In doing so,
they also warrant that the other party has read and understood the Terms prior to
providing permission to execute.
15. EXECUTION BY CORPORATE BODY OR BUSINESS
15.1. Where our Services are booked by a corporate body or business, you warrant
that you are or hold the same authority as the authorised officer of the entity and
have the authority to make binding decisions on behalf of the entity.

1. GENERAL SAFETY INSTRUCTIONS
These general safety instructions are provided for general guidance only. The safety
of any participant is the responsibility of the hirer and any parent or guardian caring
for children using the equipment. We are not responsible for any loss, damage or
injury caused to anyone using the equipment.
1.1 A responsible adult must always supervise the Equipment (‘the Equipment’) and
ensure that it is being used within the parameters explained in these Terms and
Conditions.
1.2 No food or drinks or chewing gum or glass is allowed on or near the Equipment.
You (the hirer) are to ensure that the Equipment is kept in a clean condition.
1.3 The Soft Play Equipment is designed for children the age of seven (7) and under.
Please ensure no kids older than this age use the Equipment.
1.4 All shoes, jewellery, glasses, badges etc. MUST be removed before using the
Equipment. You will ensure that children do not wear shoes or have items in their
pockets while using the Equipment.
1.5 All toddlers must wear a nappy and/or clothing of some sort. You will be charged
for any stains on the Equipment.
1.6 No animals, toys or sharp instruments to be allowed on or near the Equipment.
1.7 STRICTLY NO FACE PAINT near the Equipment, as face paint permanently
stains our Equipment.
1.8 Do not allow any substances to come into contact with the Equipment. This
includes but is not limited to; bubbles, liquids, party streamers, cake icing etc.
1.9 No smoking or alcohol near the Equipment.
1.10 Ensure that no children who are presenting signs of illness or infection are
using the Equipment as this may encourage the spread of germs.
1.11 All children MUST sanitise their hands before using the equipment.
1.12 Please discourage children from running into the Equipment or conducting
summersaults or hanging off Equipment as this poses a potential risk for them to run
into each other or to trip on the matting.

1.13 You will ensure adequate shade and sun safe measures are taken to minimise
the risk of heat related illness and/or sunburn. Ensure children are wearing hats,
socks and sunscreen. Please do not allow the Equipment to sit in the sun as it will
become hot to touch. Do not allow children to play on hot Equipment.
1.14 Always ensure that the ball pit is not overcrowded, and limit numbers according
to the age and size of children using it. Avoid large and small children from using it at
the same time.
1.15 Small children may need help with entering and exiting the ball pit.
1.16 All equipment must stay within the Soft Play Fence at all times.
1.17 If you have any concerns regarding the equipment please contact us
immediately on 0407940199.