AGREEMENT TO HIRE

This Agreement outlines the terms for hiring goods and equipment (“Hire Items”) between you (“you,” “your”) and Elimilio Play Events (“we,” “us,” “our”). This Agreement is valid when made via SMS, email, facsimile, or any other method of communication (the “Agreement”).

The hire of the Hire Items is confirmed once you accept and execute this Agreement. However, if you proceed to instruct us or pay the Booking Fee as outlined in Clause 2 without formally executing the Agreement, you are still considered to have accepted these terms.

The total cost for the Hire Items and any related services will be outlined in the invoice. This invoice will include the specific Hire Items, their prices, any Services provided, the scheduled Delivery Date & Time (for delivery and setup), and the Collection Date & Time (for the return of the Hire Items).

This Agreement, along with its schedules, constitutes the complete and binding understanding between us, superseding any prior agreements or arrangements.

1. Binding Agreement

1.1. This Agreement becomes binding upon both parties when you book the Hire Items.

1.2. Until full payment is received, we reserve the right to cancel the booking at any time, using any communication method, including verbal notice, email, SMS, or letter. We may also hold the Hire Items for a maximum of 48 hours; after this period, we have the right to offer them to another client.

2. Terms of Payment

2.1. A non-refundable booking fee of 30% of the total booking cost must be paid at the time of booking. By making this payment, you acknowledge and accept that the booking fee is non-refundable and non-transferable, unless otherwise stated in this Agreement.

2.2. A bond of $150 will be required as part of the full payment for your booking. This bond will be collected when the final payment is made.

2.3. Provided the Hire Items are returned in the same condition as when they were delivered, the bond will be refunded upon their return. If any items are damaged or lost, and the bond is insufficient to cover the cost of repair or replacement, you will be liable for any additional costs. The decision to repair or replace damaged items is at our sole discretion.

2.4. The full quoted price must be paid no later than seven (7) days prior to the event's Delivery Date. Payments should be made via bank transfer to the account details provided on the invoice.

2.5. If full payment is not received in accordance with this Agreement, we reserve the right to withhold delivery of the Hire Items. You acknowledge and agree that we are not responsible for any delays or changes to your event resulting from late or non-payment.

2.6. For any Hire Items that require custom work, manufacturing, adaptations, or specific modifications, full payment must be received before any work is undertaken.

2.7. By booking the Hire Items for the specified Delivery Date, you acknowledge that we may lose other business opportunities for that date. This commitment is made upon your acceptance of this Agreement.

3. The Hire Items

3.1. As per the terms of this Agreement, Elimilio Play Events will deliver the Hire Items to the address provided in the invoice on the agreed Delivery Date.

3.2. We reserve the right to charge additional fees for extra services, including travel costs, fees for access difficulties (such as stairs or complex locations), or any other location-specific requirements. These charges will be communicated at the time of booking but may apply if we are not informed in advance about special circumstances relating to the delivery location.

3.3. You agree to the following responsibilities:
3.3.1. We are not liable for any Hire Items that are delivered to or left at an incorrect location.
3.3.2. You must ensure that the Hire Items are kept in a safe environment and used solely for their intended purpose, as outlined in the booking.
3.3.3. You will provide adequate space for the Hire Items to be set up and used safely.
3.3.4. You will ensure that the Hire Items remain in the designated location where our team installed them, unless prior arrangements are made (such as in cases of inclement weather).
3.3.5. When it’s time for us to collect the Hire Items, you will ensure all items are gathered in one place for easy retrieval. Failure to do so may incur additional charges.

3.4. If the delivery site does not match the details you provided, Elimilio Play Events may charge additional fees. These fees will be invoiced immediately, and payment will be due within two (2) business days of the invoice date. Elimilio Play Events has the right to use the bond money provided with booking to pay for these costs
3.4.1 Elimilio Play Events reserves the right to apply the bond provided at the time of booking towards any outstanding costs. If additional payment is required beyond the bond amount, an invoice will be issued for the remaining balance.

3.5. Any request to cancel or change the Hire Items must be submitted via email within 48 hours of the booking. We will acknowledge receipt of such requests, and any changes will be subject to availability. We reserve the right to accept or decline any change or cancellation requests at our discretion.

3.6. The Hire Items will always remain the property of Elimilio Play Events. You have no legal ownership or interest in the items. Your possession of the items, from delivery to collection, is as a bailee, and you are responsible for their care throughout the agreed rental period ("Period of Hire").

3.7. Upon delivery, you must inspect the Hire Items to confirm they are complete, in good condition, and functioning as expected. After completing your inspection, you will be deemed to have accepted the items as fit for use and in good working order.

3.8. Any issues with missing or malfunctioning Hire Items must be reported to us in writing immediately after discovery.

3.9. If adverse weather is predicted during the hire period, you are responsible for making alternative arrangements for the location of the Hire Items. These arrangements must be confirmed prior to the start of the hire period. You cannot cancel or postpone the booking due to weather conditions, whether forecasted or experienced during the rental period.

3.10. Your Responsibilities During the Hire Period
During the hire period and for any time you are in possession of the Hire Items, you act as the bailee of the items. In addition to your legal duties as a bailee, you agree to the following:

3.10.1. You will ensure that the Hire Items are always supervised and never left unattended, whether they are in use, before use, or awaiting collection.
3.10.2. You will obtain all necessary permissions and approvals from relevant authorities (e.g., the local council) to place and use the Hire Items at the chosen location. Elimilio Play Events will not be liable for any fees, fines, or charges incurred due to your failure to secure the required permissions.
3.10.3. You will exercise all reasonable care and diligence in handling and using the Hire Items, following any manufacturer or owner guidelines.
3.10.4. If you are responsible for returning the Hire Items, you must ensure they are returned in a clean, fully operational condition, and on or before the end of the hire period.
3.10.5. If Elimilio Play Events is collecting the Hire Items, you must ensure they are ready for collection in good condition and clean at the agreed collection time and location.
3.10.6. You must not attach anything to the Hire Items (including, but not limited to, vinyl, glue, tape, staples, or stickers) without prior written consent from us. If consent is granted, you agree to return the Hire Items in their original condition.
3.10.7. You are responsible for any accidental damage to the Hire Items, except where the damage is caused by Elimilio Play Events.
3.10.8. You are liable for the full cost of replacing or repairing any lost, stolen, or damaged Hire Items during the hire period.
3.10.9. You must not transfer possession of the Hire Items or allow anyone else to use them in a manner that would violate Elimilio Play Events' ownership rights.
3.10.10. You must ensure the Hire Items are securely stored at all times. If stored in an unlocked premises, you are responsible for taking appropriate security measures to protect the items.
3.10.11. You must take all necessary steps to keep the Hire Items safe and secure throughout the hire period.
3.10.12. You must not remove or alter any identifying labels, serial numbers, or other marks that indicate the ownership of the Hire Items by Elimilio Play Events.
3.10.13. You must not permit any person to misuse or mishandle the Hire Items.

3.11. Loss, Theft, or Damage to Hire Items
In the event the Hire Items or any part of them are lost, stolen, or damaged during the hire period and you are responsible under this Agreement, you will be liable for the full cost of replacing or repairing the items. This includes any costs associated with replacing damaged items deemed beyond repair by us, or the cost of repairs to restore the items to their original condition.

3.12. Failure to Return Hire Items
If you fail or refuse to return the Hire Items at the end of the hire period, you will be in breach of this Agreement. In addition to any other rights we may have under this Agreement or at law, we may charge you a day-rate fee for the continued use of the Hire Items, calculated from the end of the hire period until the items are returned.

3.13. Extended Hire and Compensation for Loss or Damage
If the Hire Items are not returned by the end of the hire period, the day-rate fees will continue until the items are either returned in good working condition or until full compensation is paid for the loss or damage. The compensation will include the replacement cost of the Hire Items at the time of loss, or, if the items cannot be replaced, the cost of new substitute items that can be used for the same purpose. You will also fully indemnify us for any additional losses, costs, or liabilities incurred as a result of being unable to provide the Hire Items for any other bookings or commitments.

4. Services

4.1. When Elimilio Play Events provides services at your location, the following are essential terms of this Agreement, which you must comply with:

4.1.1. You must ensure that we have access to the site at the times specified by us, as well as at any reasonable times required to deliver and complete the services.
4.1.2. You are responsible for complying with all relevant Workplace Health and Safety laws, regulations, and codes of practice to ensure the site and the installation of the Hire Items are safe, free from hazards, and in good condition.

4.2. You acknowledge that Elimilio Play Events may rely on other contractors to prepare the site for the installation of the Hire Items. We will not be held responsible for any delays in the installation or provision of services if such delays are caused by any act or omission of third-party contractors.

4.3. It is your sole responsibility to ensure that all necessary facilities are available, safe, and in good working order before we arrive to provide the services.

5. Taking and Using Photos

5.1. By booking with Elimilio Play Events, you grant us permission to use photos taken during your event for promotional purposes, including but not limited to advertising, social media, and website content. If images are provided by your photographer, we will ensure appropriate credit is given. However, you warrant that you have obtained permission from the copyright holder of any photos for their use.

5.2. We may use and publish photographs of individuals at the event, including guests, for promotional, editorial, advertising, and trade purposes, across any medium (e.g., print, digital, social media, etc.) to promote our services and inventory.

5.3. At our discretion and expense, we may document aspects of your event through photography, video, or written content, in collaboration with our selected suppliers. We respect your privacy and will not publish your name or images of you or your guests without consent. If you wish for any photos to be removed from our platforms, please notify us, and we will make reasonable efforts to take them down as soon as possible.

5.4. All creative work and equipment provided by Elimilio Play Events must be credited accordingly in any media, print, blog, or social media posts. All publications related to the items hired as part of your event must credit us as the supplier for the concept and items listed on your quote/invoice. Similarly, any subcontractors or third-party suppliers using our services or Hire Items must also provide appropriate credit.

6. Default Events

6.1. You will be considered in default if:
6.1.1. You fail to comply with any of your obligations under this Agreement and do not remedy the breach within seven (7) days after receiving a written request from us;
6.1.2. You breach any essential term of this Agreement;
6.1.3. If you are a corporation, you become insolvent, are wound up, enter liquidation, have an administrator appointed, or have a receiver appointed to any of your assets;
6.1.4. If you are an individual, you become insolvent, make an assignment for the benefit of creditors, commit an act of bankruptcy under the Bankruptcy Act 1966 (Cth), or are otherwise declared bankrupt.

6.2. In the event of a default, we may, without prejudice to any other rights we may have under this Agreement or at law, and without prior notice, enter any location where we believe the Hire Items are located to repossess them. You agree not to make any claim or take legal action against us in connection with the repossession of the Hire Items.

6.3. You agree to indemnify Elimilio Play Events and hold us harmless from any loss, liability, expense, or cost incurred by us in entering the Site to repossess the Hire Items, or any part of them. This indemnity includes any liability to third parties for trespass, damage to the Site, or any harm caused during the repossession process.

7. Warranties

7.1. Elimilio Play Events warrants that the Hire Items will be provided with reasonable care and skill. However, except as required by the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable law that cannot be excluded, and subject to any specific provisions in this Agreement, we do not provide any further warranties for the Hire Items. All other implied or statutory warranties, conditions, and rights are excluded. If any condition, warranty, or right is implied by law and cannot be excluded, our liability for any breach will be limited to the fullest extent permitted by law.

7.2. Subject to the limitations set out in section 64A of Schedule 2 of the CCA, or any other applicable law, our liability for any breach of an implied or statutory condition, warranty, or right regarding the Hire Items is limited to one of the following, at our discretion:
7.2.1. The provision of substitute equivalent Hire Items;
7.2.2. The payment of the costs for supplying substitute equivalent Hire Items; or
7.2.3. A refund for the Hire Items.

8. Limitation of Liability

8.1. Our liability is limited in the following ways:

8.1.1. We are not liable for any loss or damage resulting from you ordering incorrect Hire Items, insufficient quantities, or if the Hire Items are used for a purpose outside their intended function.
8.1.2. We are not responsible for any issues or delays if the Site is not adequately prepared for the delivery and installation of the Hire Items on the agreed Delivery Date.
8.1.3. We are not liable for any loss or damage that occurs due to the negligence of you, your agents, or your guests.
8.1.4. You are responsible for ensuring the safety of the Site. You indemnify Elimilio Play Events against any liability for injury, loss, or damage to third parties arising from your failure to maintain a safe environment, including any negligence or omission on your part.

9. Booking & Cancellation Policy

9.1. Deposit and Payment: To secure your booking, a 30% deposit is required at the time of booking. Full payment for the event is due 14 days prior to the event date.

9.2. Cancellations more than 14 days before the event: If you cancel your booking more than 14 days before your event, your deposit will either be refunded or transferred to a credit note. This credit note can be used towards a future booking within 12 months of the original event date.

9.3. Cancellations 5-14 days before the event: If you cancel your booking within 5 to 14 days of the event, your deposit will be transferred to a credit note, which can be used within 12 months of the original event date.

9.4. Cancellations within 5 days of the event: If you cancel your booking within 5 days of the event, the deposit will be forfeited. The remaining balance paid will be transferred to a credit note, valid for use within 12 months of the original event date.

9.5. Changes to Event Date: If you wish to change the event date, you may do so once, with at least 7 days' notice, subject to availability.

9.6. Cancellation by Elimilio Play Events: We reserve the right to cancel this Agreement at any time if:
9.6.1. You fail to meet your contractual obligations;
9.6.2. We reasonably believe that you are making unreasonable or excessive demands.

In either case, any monies paid to date will be forfeited.

10. Force Majeure

10.1. Exemption from Liability: We will not be held liable for any failure to perform, or delays in performance, of any of our obligations under this Agreement caused by events or circumstances beyond our reasonable control. Such events include, but are not limited to, acts of God, natural disasters (e.g., floods, fires), war, government actions or regulations, electrical failures, strikes, or other force majeure events.

10.2. Suspension of Obligations: In the event of a force majeure circumstance that renders the performance of our obligations impossible, we will notify you as soon as reasonably possible. The provision of Hire Items and related services will be suspended, and the timeframe for fulfilling our obligations will be extended for the duration of the force majeure event. This clause will not apply if the event outside our control does not render the booking impossible, but only causes inconvenience or hardship.

10.3. Cancellation or Variation of Agreement: If you choose to cancel or modify the Agreement due to a force majeure event that causes inconvenience or changes the booking in a way that does not render it impossible, any non-refundable fees and charges will remain applicable. We will, however, make reasonable efforts to offer an alternative date for your event.

10.4. Rescheduling or Termination: In the case of a force majeure event, we will make reasonable efforts to reschedule the Hire Items for a new date once the event causing the disruption is over. Both parties will make all reasonable efforts to mutually agree on a new date. If an agreement cannot be reached, the Agreement will be deemed terminated by you, and all amounts paid, including the deposit, will be forfeited. In the event that a new date is agreed upon, we will credit any payments already made towards the new date where possible.

10.5. Risk of Rescheduling: If you request to reschedule the Hire Items or booking after a force majeure event and another event beyond our control is foreseeable, the Agreement will be amended at your own risk. We will not be liable for any loss if the second allocation of the Hire Items is not needed due to future unforeseen events. We are under no obligation to provide a new date following any cancellation or postponement.

11. GST

If any supply of goods or services under this Agreement is considered a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for those goods or services will be adjusted to include the applicable Goods and Services Tax (GST). Any rebates, discounts, or price reductions will be calculated based on the price excluding GST.

12. Jurisdiction

This Agreement and any disputes arising from it are governed exclusively by the laws of New South Wales. Any legal proceedings related to this Agreement must be conducted in the courts of New South Wales with appropriate jurisdiction.

13. Severability and Waiver

13.1. If any provision of this Agreement, or any part of a provision, is found to be invalid or unenforceable under the law of any jurisdiction, that provision will be severed to the extent of its invalidity or unenforceability in that jurisdiction. However, this will not apply if severing the provision would materially change or affect the nature of the parties' obligations under this Agreement.

13.2. Our failure to exercise or enforce any of our rights under this Agreement will not be considered a waiver of those rights, unless we specifically waive them in writing.

14. Amendments and Variations

We reserve the right to update or amend this Agreement at any time, with changes taking effect immediately upon being provided to you. We may revise these terms periodically. Once the updated terms are provided, they will become effective. Your continued use of our Hire Items after receiving the revised terms will be deemed as your acceptance of those changes.

15. Execution by Parties

This Agreement must be signed by each authorised person named, unless the parties are an incorporated entity. If signed by a single authorised person, that person acknowledges and warrants that they have the necessary authority to execute and accept this Agreement on behalf of the other party. Furthermore, they confirm that the other party has read, understood, and provided consent to the terms of this Agreement prior to its acceptance.

Rules of Play

Adult Supervision is Required at All Times
Safety is our priority, and an adult must be present at all times to supervise children using the equipment.

Age & Weight Limitations

• The soft play equipment is suitable for children aged 6 and under.

• The Bounce House & Bubble Dome equipment varies between different units but are suitable for children and adults as long as the weight limit doesn’t exceed.

Soft Play Equipment Limitations

• The maximum weight limit for participation on our soft play equipment is 35kg per child.

• Ensure the equipment is not overcrowded to prevent accidents or injuries. Limit the number of children using the equipment at any given time.

Bounce House & Bubble Dome Limitations

• The maximum weight limit for individuals on our inflatable equipment varies between our different units (castles and bubble domes), but the general weight limit is up to 160kg.

• Ensure the equipment is not overcrowded to prevent accidents or injuries. Limit the number of children and/or adults using the equipment at any given time.

Safety Rules

• Strictly no jumping, pushing, rough play, or any activity that could lead to injury.

• No food or drink is allowed on or near the equipment.

• No face paint, silly string, streamers, sand, or glitter near the play area. These items cause permanent staining, and we reserve the right to cancel your booking if any of these items are present.

• All participants, both children and adults, must remove their shoes before entering the play area.

• No high heels allowed in the play area, as they can damage the mats.

• No pets allowed in or near the soft play area.

• Ensure the area within 1 meter of the equipment is kept clear.

• No smoking or barbecuing near the soft play area.

• Soft play equipment and ball pits must not get wet or be exposed to direct sunlight for prolonged periods, as they can become slippery or uncomfortably hot.

• No sharp objects are allowed in the play area.

• Do not move or disassemble the equipment.

• Any damages must be reported to Elimilio Play Events immediately. If damage occurs, stop using the equipment.

• All hirers are required to sign a condition report before use.

• Alterations, additions, or attachments to the equipment are not permitted without prior written consent.

• Once Elimilio Play Events staff has set up the equipment, it must not be moved, adjusted, or relocated without permission.

• Elimilio Play Events will display a sign outlining the rules at the entrance of each setup. This sign must remain visible at all times.

Consequences for Non-Compliance
Failure to follow these rules will result in the immediate forfeiture of your bond. If the damages exceed the bond amount, you may be required to lodge an insurance claim. Please be mindful that our equipment is a significant investment, and the bond is not sufficient to cover the full replacement costs. Non-compliance not only affects your booking but can also negatively impact other clients who have booked our equipment for upcoming events.

Thank you for respecting our equipment and ensuring the safety of all guests!