1. HIRE AGREEMENT

This Agreement includes the particulars on page 2,3 and 4, the Rules and Guidelines, Disclaimer, Terms and Conditions and Acknowledgement.

In this Agreement, unless the context permits otherwise:

‘Customer’ shall mean the customer hiring the inflatable, details of which are noted in the table on page 2.
‘Equipment’ means the equipment provided with the inflatable to the Customer as noted in the particulars on page 2.
‘Guarantor’ shall mean the guarantor providing the guarantee and indemnity to the Hirer as noted in the Terms and Conditions.
‘inflatable’ means the jumping castle being supplied by the Hirer to the Customer; and
‘Terms and Conditions’ means the terms and conditions noted on pages 3-4 of this Agreement.
‘Hirer’ shall mean the Wicked Enterprises Pty Ltd as Trustee for the Pardo Garcia family trust T/A Wicked Jumping Castles being the party hiring the Inflatable to the Customer.

2. RULES AND GUIDELINES:

It is the responsibility of the Customer to make sure the rules and guidelines hereunder are followed to minimise the onset of any injury to person or damage to property.

The Customer shall ensure that:-

1. No food, drinks, water, gum or sharp objects are to be taken inside the inflatable or near the equipment.


2. No one under the influence of drugs and alcohol is permitted to access or use the inflatable.


3. An adult will be present at all times to supervise children.


4. No more than 8 children are allowed inside or on the inflatable at any one time.


5. No pushing, shoving, climbing, leaning on walls, fighting or behaving in a way that is dangerous to others.


6. No silly string, body or face paint, party poppers or pets are to be taken in to the inflatable.


7. No child over the age of 12 is permitted on or in the inflatable as the inflatable is only designed for smaller children.


8. No shoes, jewellery or clothing with sharp objects to be worn on or in the inflatable.


9. No summersaults or flips of any kind on or in the inflatable or jumping on the front step of the inflatable.


10. No one will use, access or jump on the inflatable with an injury including pregnancy and will use reasonable measures to ensure anyone whom has a history of or present neck and back problems will similarly be refrained from such use.


11. If the blower is switched off, it will supervise the immediate exit of any one on the inflatable.


12. No jumping on the inflatable when it is being inflated or deflated.


13. During heavy rain or storm with winds over 25km do not use the inflatable and turn off the blower.


14. The Customer informs the Hirer if there are any pipes laid underground where the inflatable is to be set up.

3. TERMS AND CONDITIONS

1. BAD WEATHER
   If storms are predicted the inflatable will not be able to be set up as it may become slippery when wet and can be dangerous to the participants using the inflatable. The inflatable can be set up if there are light showers, but strict supervision by an adult is required at all times while using the inflatable to prevent injury’s occurring. A decision on setting up a jumping castle due to bad weather will be made the morning the castle is booked for hire, the customer will be contacted. If the customer calls to cancel due to bad weather as they have cancelled their party a full refund of their deposit is returned. If 24 hours’ notice can be given by a customer for a cancelation due to bad weather it will make it easier for us to cancel any deliveries. A customer can reschedule a booking due to bad weather, there is no guarantee they can have the jumping castle they originally booked as it may be scheduled for another event. Any winds over 25 kilometres require the jumping castle to be turned off and if there is rain during a storm the blower and extension cables are to be brought undercover for safety by the person hiring them.


2. REQUIREMENTS FOR THE JUMPING CASTLES TO BE SET UP
   Depending on the size of the jumping castles an extra 1 ½ to 2 meters from the castle is required to allow for cables and the blower. There must also be a flat surface for the jumping castle to be set up on; areas that contain large quantities of rocks, pebbles and sticks are not suitable for a jumping castle. It cannot be set up flush up against a wall or retaining wall and there must be a clear path to access the location of were the jumping castle will need to be set up. If you are unsure you can submit a photo of the location so we can assess any issues the team may encounter during set up of a jumping castle. The jumping castle requires a power outlet that has not been overcrowded by other devices and a power source that can handle 1500W. . If the power cuts out while the jumping castle is inflated and there are children inside the adult supervising must exit the children from the inflatable immediately. If setting up a jumping castle in a park or public area it is up to the person hiring the castle to gain permission from the council to have a castle set up. If the person hiring the castle does not to do this a fine from the council can be given to the person in charge of the event, this form can be found on the Gold Coast City Council website. Jumping Castles have a set up time of 15 to 30min as long as there is nothing obstructing the entry and exit points of the venue stairs, tables, chairs uneven surfaces etc.


3. DAMAGE CAUSED TO THE JUMPING CASTLE AND EQUIPMENT
   Any damage caused or repairs required to the jumping castle and or equipment supplied is to be paid for by the person hiring the jumping castle. Costs to replace a jumping castle can be up to $10,000.00. Our jumping castles and equipment are insured, if the person hiring the jumping castle refuses payment our insurance company will contact the customer to request payment. This may also include loss of revenue. If there is vomit on the jumping castle a $120.00 fee will be charged to clean it up, if additional cleaning is required a $50.00 fee will be charged.


4. MAKING PAYMENT FOR HIRING A JUMPING CASTLE
   A deposit of $100.00 is required and must be done at least 4 working days prior to your rental date if done as a bank transfer; the rest can be paid on the day the jumping castle is due to be set up. If the deposit is not received by bank transfer the full amount will need to be paid on the rental day and the funds that were originally done as a bank transfer will be refunded once it has hit our account. Full payment is required before the jumping castle can be set up, fail to do so can cancel your order.


5. CANCELLATION POLICY
   If the customer cancels due to bad weather - We ask that at least 24 hours’ notice is given by a customer for a cancellation due to bad weather as it will make it easier for us to cancel any deliveries. We recognise that weather predictions are out of our control and full refunds are given as a result of bad weather.
   Cancelation - If the customer cancels on the day the jumping castle is due to be set up the $100.00 deposit will not be refunded. Cancelation requires at least 48 hours’ notice so that the jumping castle can be available for rebooking with another customer. Fail to notify us with in this time frame will also result in the deposit not being refunded. 48 hours’ notice to cancel must be given to get your refund back.


6. AGE LIMITS FOR USING THE JUMPING CASTLES
   An adult is expected to be present at all times when children are using the jumping castles, parental supervision is important to make sure the castles are not overcrowded, the children are safe and the equipment is not damaged. No more than 8 children are permitted on a jumping castle at a time and they must be between the ages of 1 to 12. No adults are permitted to jump on the jumping castle as they are not designed for adults. On our toddler jumping castle no more than 5 children are allowed on at any one time and adult supervision is a must as some of them have slides.


7. UNDERGROUND PIPES
   The customer must also inform us of any pipes that may lay underground where the jumping castle is set up; we are not to be held responsible for any damage done to pipes when inserting the pegs in to the ground.


8. MEDICAL CONDITIONS
   The Customer and Guarantor jointly and severally warrant to the Hirer that it / they will take all reasonable steps to ensure that the Rules and Guidelines are at all times followed and to prevent access to and use of the inflatable by anyone whom may have any medical conditions or pregnancy that may be exacerbated or possibly result in injury or death to person or property if access and or use is granted.


9. GUARANTOR’S GUARANTEE AND INDEMNITY
   The Hirer is acting in reliance on the Guarantor incurring obligations and giving rights under the Guarantee and Indemnity. The Guarantor irrevocably and unconditionally guarantees to the Hirer, the due and punctual observance and performance by the Customer to the Hirer of the obligations stated in the Terms and Conditions, the Rules and Guidelines and this Agreement. The Guarantor indemnifies the Hirer against any liability or loss arising and any costs it suffers or incurs if the Customer does not or is unable to perform any obligations in accordance with these Terms and Conditions, there is any damage to the inflatable or if any claim is made against the Hirer arising directly or indirectly by the Customer’s hire of the inflatable. This clause 8 is a continuing separate and independent obligation and in respect of return of property, continues until the inflatable and all other property has been returned to the Hirer free from damage and incident.

4. DISCLAIMER

1. The Customer is aware that the inflatable can potentially be hazardous and may pose potentially serious risks of injuries or even death. The Customer hires the inflatable and permits his guests and invitees to use the inflatable completely at his own risk and under his absolute supervision and with the knowledge of the danger(s) involved and hereby agrees to accept any and all risks of injury or death and damage to property to or arising from any person installing or using the inflatable whilst under the Customer’s hire.


2. The Customer warrants that it will ensure strict observance of the safety instructions and guidelines imposed or advised by the Hirer, its directors, employees, servants and or agents and indemnifies and hold harmless the Hirer and any of its directors, employees, servants and agents against any loss, damage, injury, death, cost, expense or liability suffered or incurred or that may become liable to [you] or any its directors, employees, servants and agents in respect of or arising as a direct or indirect consequence of you hiring the inflatable, its installation, use and disablement, no matter how caused; in respect of any loss, damage or injury or death from any cause to property or person affecting the Customer, his visitors or guests.


3. If the Customer causes damage to any of the property or equipment owned by the Hirer no matter how caused, the Customer accepts he will be liable on a full indemnity basis (including legal costs) for any loss, damage, repair, replacement or compensation costs (including legal costs), howsoever arising.


4. The Customer acknowledges and understands that the Hirer does not manufacture or produce the inflatable or any of the equipment that may be used thereto and understands that the Hirer may not be held liable on any account whatsoever for defective products or equipment. The Customer indemnifies the Hirer absolutely in this regard from any loss or damage howsoever arising.


5. The Customer agrees to indemnify the Hirer on a full indemnity basis for any matter arising out of or in connection with this Agreement, including any fees, charges, costs or expenses, howsoever incurred by the Hirer (including legal costs) as a result of the Customers default under this Agreement, including (but not limited to) any enforcement action taken as a result of any breach of its terms, including (but not limited to) any failure by the Customer to pay any amounts when due and owing in accordance with its terms.


6. The Customer and its Guarantor release and indemnify the Hirer, its directors, employees, servants and agents to the fullest extent permitted by law against and from all expenses, costs, liabilities, actions, claims, damages, proceedings, judgments and losses of any kind whatsoever arising out of caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person no matter how caused. Notwithstanding any of the aforesaid, should the limitations of liability aforesaid not be capable at law, the Customer acknowledges and agrees that the Hirer and its directors, employees, servants and agents shall not in any circumstance be liable any indirect, special or consequential loss or damage.