Hire Agreement - Terms and CONDITIONS

Hire Agreement

These terms and conditions govern the hire of equipment from Perth Picnic Hire (including all items available for hire). By agreeing to this agreement, paying any fees, or taking possession of the equipment, you (the Hirer) agree to be bound by these terms and conditions, and your consent will be deemed given. If an agreement to hire is made, it will constitute a contract between the Owner and you, the Hirer, for the hire of the Goods and Equipment, whether the agreement is made via SMS, email, or any other method of communication. 

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Definitions:

1. “Owner”: Refers to Perth Picnic Hire
2. “Hirer”: You or the entity entering this agreement, including lawful successors and assignees.
3. “Owners Premises”: means the location where the Owner stores the equipment
4. “Equipment”: All agreed hired items, each item specified in the agreement, and any      additional equipment. 
5. “Period of Hire”: The duration specified in the agreement (from the receipt of the equipment at the Owner's premises to its return at the Owner's premises) for which the equipment is rented. 
6. “Site/Venue”: means the place where the equipment is to be used by the Hirer.

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Booking & Payment Terms

1. Booking made by the Website, SMS, email, social media or any other method of      communication is acceptable.
2. A quotation is merely an invitation to hire equipment. Neither party is bound to an agreement until the Owner has confirmed the booking in writing. 
3.  This agreement, along with the confirmed booking details, supersedes all prior agreements and understandings. It is the responsibility of the Hirer to ensure they review the booking confirmation carefully. 
4. Full payment, including the bond, is due upon pickup. The agreement ends once full payment is made and the items are returned to Perth Picnic Hire. 
5. Perth Picnic Hire may terminate this agreement in writing without liability.
6. All implied warranties and terms are excluded as permitted by law. If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement. Any disagreement is to be attempted to be resolved by mediation at the hirers expense prior to legal proceedings being commenced.
7.  Failure to comply with this agreement by Perth Picnic Hire, which is outside of our reasonable control, will not render us liable for any loss to the Hirer or a third party. 

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Cancellation/Amendment

1. Cancellation  Policy: (a) The Hirer can cancel the hire at any time providing written      notification to the Owner via SMS or email. (b) Upon acknowledging the cancellation, the Owner is released from further obligations to the Hirer.
2. Cancellation Terms - Hirer cancellation after pick up of the equipment will result in 100% loss of the hire quotation / booking.

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The Hire Equipment

1. Perth Picnic Hire owns the equipment and rents it to the Hirer for the specified hire period and fee.
2. The Hirer agrees to exercise all reasonable care and diligence in the use of  the equipment.
3. The Hirer must ensure the secure storage of the equipment at all times. Do not leave the equipment outdoors overnight or in hot vehicles.
4. Tampering,  interference, or attempts at repair by the Hirer are strictly prohibited.
5. The Hirer is responsible for accidental damage, theft, malicious damage, or any unlawful act resulting in loss or damage to the equipment.
6. The Owner provides no warranty, express or implied, regarding the equipment’s fitness or condition, unless specifically agreed.
7. This  is solely a hire agreement, with no option for the Hirer to purchase the  equipment. The Owner retains exclusive ownership.
8. The Hirer must ensure the equipment is suitable for the age and skills of the users.
9. No toys are permitted for children under 3 years old. Children (3 years and older) may use equipment under strong parental supervision. Parental supervision is required for any play or hire equipment.
10. Equipment is to be used only for its intended purpose only, following any      instructions provided.
11. Adhere to age or weight restrictions provided.  The equipment is only to be used for its normal function.
12. All users of the equipment do so at their own risk. Perth Picnic Hire is not liable for injuries or damages caused by the equipment.
13. The Hirer must inspect the equipment for fitness and repair before use.
14. The equipment is not permitted in wet areas, in rain or exposed to damaging conditions. Hire equipment that is placed in strong wind conditions have the likelihood falling over if not correctly secured.
15. Perth Picnic Hire be will not be liable for any injury caused by or arising from the play equipment or activities supplied and the Hirer herby releases the Owner from any loss or damage howsoever arising whether arising under statue, from negligence, personal injury, death, property damage, infringement of third-party rights, or any indirect special or      consequential damages or injury to any person or other entity.
16. It is the Hirers responsibility to have an adverse weather plan in place; full hire fee applies even if weather affects usability.
17. Do not sub-hire equipment without consent.
18. Risk in the equipment passes to the Hirer upon receiving the Hire Equipment at the Owner’s premises; the Hire is responsible until safely returned.
19. The  Hirer bears financial responsibility for any damage or loss occurring throughout the hire period. In cases where the bond falls short of covering these expenses adequately, an invoice will be issued to recover  the additional costs.
20. Report  any theft or damage by third parties to Perth Picnic Hire and the police  immediately. 

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​Feedback, Reviews and Photographs

I welcome and appreciate feedback and reviews from my customers regarding their experiences with my products. If you choose to provide feedback, testimonials, or photographs of events featuring my products, please be aware that:

• Your  feedback, testimonials, and photographs may be used on my website, social  media platforms, or other promotional materials to showcase the quality of  my products.
• By providing feedback, testimonials, or photographs, you grant me the right to use, reproduce, and publish them for promotional purposes.
• I may edit or modify feedback, testimonials, or photographs for clarity,  consistency, or to fit my promotional needs.
• I will not disclose personal information (such as full names or contact details) without your explicit consent when using feedback, testimonials, or photographs for promotional purposes - unless it was posted on a public platform as described below. 

​Please note that if you leave feedback on public platforms such as Facebook or Google Reviews, your full name may be displayed in accordance with the platform's policies. Additionally, copies of these reviews, including your name and the source of the review, may be used on my social media channels or website to highlight customer experiences and satisfaction.

Where photographs are provided by your photographer, you warrant that you have obtained permission from the copyright owner to use the image. Appropriate credit will be given, and you must ensure you provide those details.

If you do not wish for your feedback, testimonials, or photographs to be used for promotional purposes, please inform me, and I will respect your request.

Collection and Return of Items

1. A pre-arranged date and time will be agreed upon between the Hirer and Owner for the collection and return of the hired equipment, as detailed in the booking correspondence between the Hirer and Owner. 

2. It is the Hirer's responsibility to ensure they have sufficient space to transport the hired equipment. If unsure, the Hirer should contact the Owner for guidance. If it is raining, the items are not permitted to get wet and must be transported in fully enclosed and sealed vehicles, such as an enclosed trailer or van. 

3. All hired items and equipment are to be returned in a clean condition.

4. It is the responsibility of the Hirer to confirm the condition of all equipment is undamaged prior to the hire period and that all equipment is present at the time of pickup, delivery or setup as detailed in the booking confirmation.

5. If equipment fails during the hire period, we are to be notified immediately and we will endeavour to repair or replace the equipment.

6. A bond will be required, and this will be held as security against damage to the equipment until all equipment is returned in a satisfactory condition

7. If we deem any damage to our equipment has occurred during your hire period, you authorise us to use the bond to restore equipment.

8. This does not limit your liability and all restoration costs above the amount of the bond held remain the responsibility of the hirer.

9. At collection of the hire equipment, assistance to load or unload items is not available and is the sole responsibility of the Hirer.

10. The Owner makes no warranties that the equipment items are fit for purpose.

11. Perth Picnic Hire is not liable for any injury, death or other damage that arises from the use of our equipment or the actions of the Hirer.

12. The Hirer will always exercise all reasonable care and diligence in the use of the equipment.

13. All warranties implied by the Trade Practices Act 1974 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressed.

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Liability and Indemnity

14. Perth Picnic Hire are only liable to the Hirer to the extent permitted by law.

15. The Hirer acknowledges that they bear all risk in the equipment for the full duration of the Hire period.

16. The Hirer acknowledges and accepts that persons using the equipment can be injured.

17. Perth Picnic Hire is not liable to the Hirer or anyone else for any expenditure, injury, loss or damage arising out of the hire and use of the equipment

18. In the event that the equipment that has been hired becomes unavailable due to damage or theft, Perth Picnic Hire reserves the right to substitute to equipment with a product that is comparable and similar in functionality to the current items hired. If a comparable and similar equipment is not available, Perth Picnic Hire will process a full refund. The Owner will not be liable for any loss or damages arising out of Perth Picnic Hire inability to provide equipment due to damage or theft.

19. The Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the Hirers part to ensure the equipment is used, stored, erected or transported safely.

20. The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of the Hirer ordering the wrong equipment or insufficient quantities of the equipment or where the equipment is hired for a purpose which is outside of the equipment’s.

21. It is the responsibility of the Hirer to ensure that the Site/Venue is safe and that the facilities are safe. The Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the site/venue is safe.

The Hirer acknowledges that Perth Picnic Hire has provided instructions—either verbally or in writing—on how to use the hired equipment, as well as discussed the safety procedures related to the safe use of the equipment.

By submitting a booking via any platform (website, email, social media, phone, text), the Hirer confirms that they have read and accepted the terms and conditions of this Hire Agreement. Please note that these policies may be updated at any time, and it is the Hirer's responsibility to stay informed of any changes.

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