Hire Agreement Form & Disclaimer

Including Terms and Conditions of Hire

Bouncy Castles

It is the responsibility of the person that is hiring this Bouncy Castle to ensure that all possible steps are taken to avoid damage to the Bouncy Castle or injury to the users.
All persons using this Bouncy Castle do so at their own risk. Please make sure that the following safety instructions and rules are followed:

1. DELIVERY

1. The hirer to provide clear access to the area where the equipment is going to be set up before and after your event.
2. The hirer to provide 240v power supply. (if required)
3. The hirer to secure all dogs before setup.
4. The hirer to remove all animal droppings before setup.
5. The hirer to avoid mowing their lawns on the day of your Hire – Fresh grass clippings can make a very dirty castle
6. The hirer is not to relocate the equipment after setup has been completed by Bouncing Castle’s staff.
7. The hirer is responsible for any damage to any underground services caused by setup.

2. OPERATION

The Hirer will provide a person over 18 years who shall supervise the use of equipment at all times in particular, the Hirer shall ensure:

1. That he/she has a continuous clear and unobstructed view of the equipment and the children thereon;
2. That not to allow overcrowding on the Bouncy Castle. Only so many children are allowed on at any one time as can safely use without causing danger to themselves or others.
3. That larger more boisterous children are segregated to separate times from small children;
4. That no person over the age specified by Bouncing Castles to jump on the Bouncy Castle, the Bouncy Castle you have hired is for the ages of …12… years and under only. Strictly NO ADULTS must jump on our castles.
5. No jumping on to and hanging off the walls and netting of the castle.
6. Absolutely no climbing or sitting on the walls of the Bouncy Castle as this is dangerous to all users.
7. No attempting somersaults, wrestling, fighting, pushing or behavior that could cause injury.
8. No eating, drinking or chewing gum while on the Bouncy Castle to avoid damage and/or choking. No food or drink are permitted on the castle at all times.
9. No face paints, silly string or party poppers to be used on the Bouncy Castle. If face paint does happen to get onto the Castle please wipe clean immediately with damp cloth.
10. No flammables near the Bouncy Castle. This includes smoking and Barbeques.
11. No Animals permitted on the Bouncy Castle.
12. The entry step and/or slide base are not for bouncing as user could easily fall and sustain injury. These are for entry and exit purposes only.
13. That the bouncy castle must not be operated at all in winds over 20 km’s; if it gets windy remove children from inflatable and turn power off.
14. If the Jumping area becomes wet at any time it should not be used, any wetness including bubbling (which is normal) must be dried off with a towel.
15. In the event that the blower stops working, please ensure all users get off the inflatable immediately. Then check that the blower tube or deflation tube has not come undone or something has not blown onto it and is obstructing the blower.

2. CLEANING

1. The hirer will take responsible steps to ensure the equipment remains in a clean condition
2. If something is accidentally spilt on the castle please wash off immediately with a damp cloth.
3. The hirer will pay a cleaning fee of $50 if equipment is pickup up in a dirty condition, this includes if the castle has been purposely wet.
4. The hirer will pay a cleaning fee of $100 if in the event it rains and the hirer turns the castle off. The Castle must be left on at all times and especially in the event it unexpectedly rains.

3. COLLECTION

1. Bouncing Castles is hereby authorized to enter any premises upon which the equipment may be located or thought to be located for the purpose of collecting the same at the conclusion of hiring.
2. All Castles must be in the same condition as when it arrived. We reserve the right to take a photo of the castle on your property. This is for proof reasons if the castle is picked up in unacceptable condition.
3. In the Event of Rain we reserve the right to come out and pack up early. Our Bouncy Castle must not be used in Rain.

4.  TERMS ON PICKUPS

1. All gear must be collected at the arranged time if you do not turn up at this time then your booking may be cancelled. Return of gear must be also returned at the arranged time. If any issue you must contact us.
2. All Gear must come back in the same undamaged condition as it went out. We reserve the right to hold your bond to pay for repair costs, damages or any item of equipment that does not get returned. If Castle is returned wet your bond will not be refunded. 
3. Hirer agrees to and MUST Anchor the Inflatable down properly using the Pegs provided or own weights if otherwise discussed.
4. Pickups terms are based on 1 day hires. If we allow a night before pickup or next day drop off the castle must not be setup and left out overnight. If returned Wet even due to overnight dew exposure then your bond will not be refunded. 
5. Cleaning: Castle will be hired to you in clean condition so it is appreciated that it is also returned in Clean condition so any Mud, excessive Sand, Food Crumbs/wrappers etc must be removed to the best you can or wiped with a damp cloth before packed up. Some Grass is an exception as this is expected. If returned in and unacceptable condition then we reserve the right to hold $50 of your bond for cleaning fee. 

5. BOOKING CANCELLATION, REFUND POLICY AND BOND REFUND

– Any cancelled booking that requires a refund will incur a 5% refund fee to cover our payment provider transaction fees. (We use Stripe as our payment provider and get billed a transaction fee twice, once when we receive the payment and once when we refund it.)

– Bookings cancelled before 7 days of hire date will receive a full refund of security bond and booking fee.

– Bookings cancelled within 3-7 days of hire date will receive a full refund of the hiring fee, but not the security bond.

– Bookings cancelled within 1-3 days of hire date will not receive any refund.

– Bookings that have been completed will have their bonds refunded by the following Friday at the latest. (We do need a few days to check all of our castles that came back and ensure that the castle have been returned clean, dry and undamaged.)

6. DISCLAIMER/PUBLIC LIABILITY

Bouncing Castles has explained the Policy requirement regarding supervision of equipment to the Hirer. The person/s or organization hiring this inflatable equipment will be responsible/legally liable for any damage to property or injury to any person occurring from or as a result of misuse or reckless use directly or indirectly related to the activity. These guidelines are for the safety of all people using this equipment, and it is the sole responsibility of the hirer to ensure they are fully adhered to at all times.  Our Company KicksnGiggles cannot accept any responsibility or action taken for any injury caused to anyone using this equipment. All persons using this bouncy castle do so at their own risk.

I have read the above agreement and fully understand and accept the terms & conditions above.

I am aware that whilst in my care I am fully responsible for the inflatable and will pay for any loss or damage that may occur, this will include the inflatable being returned in an unacceptable condition, i.e. if it is in a dirty or muddy condition, I will be expected to pay an additional cleaning charge.

7. ALL OTHER EQUIPMENT

1 Delivery and Removal of Equipment
The Hirer authorizes the Owner to bring its vehicle onto his property to deliver and to recover the equipment at the end of hire. The Owner shall not be responsible to the Hirer or the third parties for any damage that may be done to driveways or underground services or anything else.

1B. The Hirer shall be present at the delivery address to acknowledge receipt of delivery of equipment hired, and if not present the Owner may charge the Hirer $20.00 per person per hour while the persons effecting the delivery are waiting and may return the hired equipment to the Owner’s premises at the expense of the Hirer for subsequent delivery. Such return of equipment pending delivery shall not change the time of commencement of hire.

1C. The Hirer is responsible for checking their goods upon pick up or delivery. The Owner cannot accept responsibility for shortages or claims after the Hirer takes possession.

2. Hire Period
Hiring commences at the time shown on the face of this Form which is the time the equipment leaves the Owner’s store. The hiring shall terminate at the time stated by the Hirer on the face of this Form. By that time the equipment is to be delivered back in the Owner’s store either by the Hirer or following collection by the Owner’s vehicle at the Hirer’s request. Cartage charges are to be paid by the Hirer.

3. Hiring Charges
Equipment is hired on daily, weekly and monthly rates. In the absence of special arrangements to the contrary, equipment is hired on a daily rate. The minimum charge for any hiring will be the rate for one day irrespective of the length of hire.

4. Payment
Normally the deposit required before hiring commences will exceed the estimated hiring charges and an appropriate refund will be made to the Hirer on return of the equipment in good order and condition. Should hiring charges exceed the amount of the deposit the balance is payable by the Hirer promptly on return.

5. Care of Equipment and Breakdowns.
a. The Hirer shall take proper care of the equipment and shall indemnify the Owner against any damage or loss of from theft. The Hirer must reimburse the Owner in full for any damage or loss immediately upon termination of hire.

b. The Hirer warrants that he is competent and qualified to use the equipment in the way for which it is designed.

c. Breakdowns resulting from misuse shall not in any circumstances shorten the period of hire.

d. It is the Hirer’s responsibility to satisfy himself that the equipment is suitable for the work intended and that it is used in a way that complies with all statutory requirements.

e. The equipment does not purport to be new stock or equal to new but when sent out all items are understood to be in good condition and fit for normal purposes.

f. The Owner is not liable for any loss alleged to have been suffered by the Hirer as the result of breakdown of the equipment, however caused.

g. Items must be returned in clean condition otherwise a cleaning charge will be incurred. In the event of break down the Hirer must immediately notify the Owner by telephone.

6. Injury or Damage to Hirer or Third Persons or Property
The Hirer shall not have any claim against the Owner for loss or damage suffered by the Hirer as a result of the Hirer’s use of the equipment and further the Hirer will indemnify the Owner against any claim made against the Owner by a third person in respect of injury or personal or property or other losses arising out of the use of the equipment by the Hirer.

7. No Assignment or Hire Agreement.
The Hirer shall not sublet the equipment to any other person but this shall not prevent employers of the Hirer using the equipment in conformity with this agreement.

8. By Warranties By Owner.
The Owner makes no warranty or representations to the state, quality or fitness of the equipment for any particular purpose and no such warranty shall be implied from the description of the equipment on the face of the Form. All implied warranties and conditions as to the state, quality or fitness of the equipment for any purpose are hereby excluded.

9. The person signing the document for and on behalf of the Hirer (if not personally the Hirer) warrants that he has the authority of the Hirer to make this contract on the Hirer’s behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. This person so sign-ing hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner arising out of the person signing the agreement failing to have such power or authority.

10. The Hirer shall, forthwith on request by the Owner advise the Owner of the whereabouts of the equipment and allow the Owner its agents or servants reasonable time to inspect and test the equipment and for such purposes the Hirer hereby gives irrevocable leave and license to the Owner and its servants and agents to take possession of and remove the same and to enter upon any premises of the Hirer and as the act of the Hirer enter upon any premises where the equipment or any of the same or any part thereof may be.

11. Return of Equipment
The Hirer or his authorized agent must be present when the Owner’s staff check the equipment back into the possession of the Owner. If the Hirer fails to be present he shall not be entitled to subsequently dispute the amount of, or condition of, the equipment recorded in writing as returned by the Owner at the time of return.

12. Territorial Permits / Building Consents Any Territorial Permits or Building Consents there are deemed necessary for any item hired by the Hirer from the Owner are the responsibility of the Hirer. The Owner can assist with information required by the Territorial Authority but the responsibility of applying for and gaining a permit or consent is the sole responsibility of the Hirer. In the event that the Hirer does not obtain necessary permits or consents, any costs, fees and penalties that arise due
to inspection by Territorial Authorities or arise from an Insurance Claim will be the full responsibility of the Hirer.

13. Insurance
The Hirer takes full responsibility for insuring of marquees when under Hire. This cover must include fire, theft, storm wind damage and other relevant cover. The Hirer also agrees that in the event that the Owner must make an insurance claim for equipment that was under Hire by the Hirer, that the Hirer will be liable for any Insurance Excess that may be due by the Owner.

I HAVE READ THE ABOVE AGREEMENT AND FULLY UNDERSTAND EACH CLAUSE AND BY HIRING THIS EQUIPMENT I HEREBY AGREE TO ABIDE BY THE TERMS, CONDITIONS & DISCLAIMER ABOVE.