TERMS AND CONDITIONS OF HIRE

PLEASE CAREFULLY READ THIS DOCUMENT AS IT AFFECTS YOUR LEGAL RIGHTS. YOU MUST ENSURE THAT YOU UNDERSTAND AND CAN COMPLY WITH ALL OF THE TERMS AND CONDITIONS OUTLINED, AS THIS FORMS THE BASIS UPON WHICH JUMP EASY HAVE AGREED TO SUPPLY RECREATIONAL SERVICES HIRE EQUIPMENT TO YOU

The following Terms and Conditions must be accepted by the “Hirer” prior to “Castle Capers” making the goods or services available to the “Hirer”

“goods” means all goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Castle Capers to the Hirer and “hire of goods” includes any services provided by in delivery, unpacking, installing and collecting the goods;

“GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or any amending legislation;

“Castle Capers” means Castle Capers Pty Ltd ABN 58 074 755 342 trading as Castle Capers;

“Hire Period” means, the booking period specified as your confirmed booking hire period within your booking confirmation email from Castle Capers. Please note that our safety installers require access 1 hour prior to the Hire Period in order to safety risk assess, install and inspect the inflatable amusement and or amusement devices, and provide a comprehensive safety briefing training you in asfe operation of the equipment.

“Hirer” means the person, firm or company (jointly and severally if more than one) who has entered into and or on whose behalf the contract was entered into, with Castle Capers to supply the recreational hire goods.

“The Owner” means Castle Capers, its employees and agents;

“Site” means the geographical location at which the hired goods are used, specified by the Hirer in their online booking request.

“Terms” means these Terms and Conditions of Hire, the annexed Safe Operation Rules and Safety information and annexed Liability Warning Disclaimer and Waiver form provided herein.

2.1 Unless otherwise agreed in writing by Castle Capers and the Hirer, these terms and conditions shall be the only

terms and conditions on which Castle Capers will provide the goods and or services to the Hirer

2.2 These Terms, which include the annexed safe opearation rules and risk warning and waiver form, are deemed to be accepted by the Hirer in accordance with the Electronic Transactions Act 1999 (Cth), when electronic declaration of acceptance has been provided by the Hirer checking the confirmation tick box at the time of lodging a booking enquiry request.

2.3 The Terms apply exclusively to every contract for the hire of goods and supply of services by the Hirer from Castle Capers and cannot be varied or supplanted by any other terms without the prior written consent of Castle Capers. Any such variation permitted must be in writing.

2.4 If an order placed by the Customer is accepted by Castle Capers, Castle Capers agrees to hire the goods to the Hirer for the Hire Period, on the basis of the information specified by the Hirer in their online booking request, for use at the nominated Site, and subject to these Terms.

2.6 Goods hired shall at all times remain the property of the Owner

3.1 Unless otherwise specified, any quotation assumes:

(a) delivery, installation, removal and return of goods being provided during ordinary working hours;

(b) delivery being made to level ground which does not contain excessive obstructions or access difficulties;

(c) grounds or floors which possess the requisite space to erect the inflatable as specified on Castle Capers website and confirmed by the Hirer hen lodging a booking request

(d) the Customer meeting their obligation to return the goods in good order and clean condition, as delivered.

3.2 Any variation to the assumptions in clause 3.1 may incur further charges payable by the Hirer for additional equipment used, time spent or overtime rates by Castle Capers.

3.3 Prices for the hire of goods and services include GST.

4.1 Payment for hire of goods and services must be made by:

(a) a $50 deposit to be made within 48 hours of the Hirer receiving Castle Capers booking confirmation email; and balance on delivery, or

(b) if order placed less than 7 days from delivery, then payment in full is required to confirm the booking.

(c) for approved corporate account customers payment in

full is due within 30 days of invoice or earlier as determined by Castle Capers

4.2 Payment must be made by Cash, EFT, Credit card or EFTPOS. As payments made via EFT may take up to three business days to reach Castle Capers customers remitting their deposit via EFT must email a copy of the EFT receipt in reply to the booking confirmation email to ensure acceptance of the deposit in securitisation of the booking within the required 48 hour timeframe.

4.3 A Security Bond may be required to safeguard against the risk of loss or damage to the hire goods. Should a security bond be required the Hirer agrees to provide Castle Capers with a valid current credit card or debit card where requested and expressly authorises Castle Capers to place a pre-authorisation for the bond sum. The Hirer further expressly authorises Castle Capers to debit the Hirer’s nominated debit or credit card for any loss or damage to the equipment, extended booking fee or cleaning fee in accordance with the terms of this agreement. Cash Security Bonds may alternatively be accepted subject to Castle Capers approval.

4.4 The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the

Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).

5.1 If through circumstances beyond the control of Castle Capers, Castle Capers is unable to provide goods, then Castle Capers may:

(a) make changes to the goods provided that the end performance is not materially prejudiced; or

(b) cancel any order (even if it has already been accepted) by notice in writing and without penalty.

In the event that this occurs the Hirer’s security deposit will be refunded, less a $20 administration charge for reasonable expenses incurred in placing and securitising your booking.

5.2 The Hirer may cancel an order but will forfeit all booking deposits and in addition is subject to and agrees to the below specified contractual cancellation conditions, estimating the reasonable loss incurred by Castle Capers in booking amendments or cancellations.

5.3 By reserving and booking an item for hire, the Hirer is removing the ability of this item to be hired to another individual. Accordingly, Castle Capers forfeit all potential income derived from the hire of that item to another individual. This similarly applies where you book equipment for use in an outdoor venue, where weather conditions may impact the ability of this item to perform, where another more suitable indoor venue may have resulted in a successful hire.

5.4 For these reasons, please carefully read and understand the below cancellation terms, as by agreeing to these terms and conditions you are agreeing to these terms;

For bookings cancelled less than seven days prior to the event, the balance of the invoiced fee is due in full. (This is as there is almost no opportunity or prospect to re-hire the device within this 7 day period). You understand that if this balance has not been remitted this contract renders you liable to pay this remaining balance immediately.

For orders cancelled more than 7 days prior to the delivery a charge of 50% of the hire fee will be payable.

6.1 Goods will be delivered in a clean, but not necessarily sterile, state. The Hirer is responsible to ensure any

goods from which food or drinks are to be served are fit for use and or that any relevant permits applicable if operating in a public place, are obtained.

6.2 The Hirer must allow Castle Capers’ employees, servants, agents and insurers access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the Site. The Hirer is liable for all injury, loss or damage suffered by Castle Capers, its employees or agents while at the Site.

6.3 The Hirer must make the goods available for collection by Castle Capers at the end of the Hire Period. For inflatables, do not dismantle or in any way attempt to move an inflatable as our trained installers will dismantle these. The Hirer must ensure however, that they wipe over the inflatable carefully with a towel to ensure it is clean and dry. For all other hire items, the Hirer will ensure they are empty, clean, dry and packed into their respective containers and crates in a complete state. Additional charges will apply where the goods are not returned in this condition.

7.1 The Hirer bears all risk in the goods for the Hire Period, including the Hirers ability or competence to use

the equipment hired.

7.2 During the Hire Period, the Hirer is responsible for:

(a) safekeeping of the goods during the Hire Period;

(b) using of the goods in strict conformity with the goods’ instructions or specifications;

(c) not using pigmented streamers or decorations within or near any marquee hired;

(d) ensuring that the goods are not moved from the Site, unless in an emergency and Castle Capers is advised

immediately afterwards;

(e) complying with all relevant laws, by-laws and regulations applicable to the installation, use and operation

of the goods;

(f) protecting the goods against soilage, damage, fire, tempest, flood, theft, distress or seizure;

(g) using only fuel, power and consumables specified by Castle Capers; and

(h) ensuring that the goods are not operated for any purpose beyond their rated capacity or in a manner

likely to result in undue wear; and

(i) in the event equipment breaks down or becomes unsafe, ensuring appropriate steps are taken to prevent

injuries to persons and to prevent the equipment sustaining further damage.

8.1 The Hirer is electing to self-supervise the operation and use of the inflatable, and warrants that they will strictly adhere to all safety training, information sheets and instruction provided to them by Castle Capers in relation to the hire goods.

8.2 The Hirer warrants that they have read, understood and agree to be bound by the Risk Warning and Liability Form provided with these terms and conditions. The Hirer further acknowledges that this Form is a part of their contract with Castle Capers for the supply of recreational services.

8.3 The Hirer must supply Castle Capers installer with their original signed and witnessed Risk Warning and Liability Waiver form on the day of hire. This must be provided before your installer can proceed. Any failure to provide the form will result in the booking being unable to proceed and the full hire fee being charged.

8.4 The Hirer understands that there are a number of risks, including but not limited to the risk of injury and death, from the use and operation of recreational services hire goods such as inflatable and other amusements and understands that they use the device wholly at their own risk. The hirer further understands that Castle Capers have no liability in relation to any people who you may invite to use the device during your hire period.

9.1 The Hirer understands and undertakes to indemnity Castle Capers for all loss or damage caused to the goods, subject only to the exclusion of defects rising uot of the proper and ordinary use as specified in clause 10 of these terms.

9.2 The Hirer will maintain at its own expense all appropriate policies of insurance:

(a) for loss of or theft of the equipment hired in an amount not less than the replacement cost

(b) for loss of business or perishable goods as a result of damage to or breakdown of equipment hired

(c) for liability, property and casualty insurance coverage in amounts necessary to protect the Owner and its staff and agents and its equipment against all claims or loss whatsoever;

And understands that failure to do so may personally expose them to un-insured liability to indemnify any loss or damage to the goods.

10.1 The Hirer must inspect all goods on receipt and notify Castle Capers of any loss of or damage to the goods immediately should the same occur.

10.2 Breakdowns or defects in the goods resulting from:

(a) proper and ordinary use; or

(b) the development of an inherent fault or a fault not ascertainable prior to start of the Hire Period; may,

at Castle Capers’ option, either be repaired or the goods replaced at Castle Capers’ expense.

10.3 If repair is impracticable and if replacement goods are not available, the proportional charge for broken or

defective goods will be credited to the Hirer and Castle Capers will not have any other liability whatever to the Hirer.

10.4 No relief from hire charges nor any claims will be allowed by Castle Capers:

(a) for stoppages or damages due to causes out of Castle Capers’ control including, without limitation, breakdowns,

bad weather or site conditions; or

(b) the Hirer not informing Castle Capers of the defect or breakdown immediately it occurs.

10.5 The Hirer must not try to effect any repairs on the goods without the prior approval of Castle Capers.

11.1 If the Hirer:

(a) breaches any term of the Terms;

(b) is an individual and becomes bankrupt or enters into any scheme of arrangement or composition for the

benefit of his or her creditors;

(c) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then

Castle Capers may, without prejudice to any other remedy available to it:

(a) require immediate payment of all money which would become payable by the Hirer to Castle Capers at a later

date on any account, without further notice;

(b) charge the Customer interest on any sum at a rate of 9% per annum from the due date until the date of payment in full;

(c) charge the Hirer for, and the Hirer must indemnify Castle Capers from, all costs and expenses (including without

limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce

compliance with the Terms or to recover the goods;

(d) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods;

(e) charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;

(f) claim damages from Hirer for breach of the Hire Contract; and/or

(g) cease or suspend for such period as Castle Capers thinks fit, supply of any further goods to the Hirer.

11.2 On termination, the Hirer must immediately make the goods available for collection. If the Hirer does not, Castle Capers is entitled to enter any land and or premises of the Hirer where the goods are suspected to be to repossess the goods. Castle Capers will not be liable for any damage caused and the Hirer must indemnify Castle Capers from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.

12.1 Except as specifically set out in the Terms, any term, condition or warranty in respect of the quality,

fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods,

is hereby expressly excluded.

12.2 Replacement or repair of any goods deemed to have experienced a defect as specified in clause 10 of these terms is the absolute limit of Castle Capers’ liability howsoever arising under the Terms or from the use of or any other dealings with the goods by the Hirer or any third party.

12.3 Castle Capers will not be liable for any loss or damage suffered by the Hirer where Castle Capers has failed to meet any delivery date or varies, cancels or suspends the supply of the goods, subject to refund of the Hirer’s $50 booking deposit minus a reasonable administration charge of $20 in accordance with clause 5.1 of these Terms.

12.4 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation which cannot be excluded, restricted or modified.

13.1 The law of South Australia, and where applicable, concurrent operation of Commonwealth legislation regarding Consumer contracts, govern these Terms. The parties agree to the exclusive jurisdiction of the courts of South Australia, Federal Court of Australia, and of courts entitled to hear appeals from those courts.

13.2 Failure by Castle Capers to enforce any of these Terms shall not be construed as a waiver of any of Castle Capers rights. Wherein any term is unenforceable it shall be read down with an implied construction intending for the provision to be enforceable. If it cannot be so read down, the term shall be severable from these Terms in isolation, without affecting the enforceability of the remaining terms.

14. Release and Indemnity

14.1 The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer in accordance with the express Risk Warning and Waiver form provided to and executed by the Hirer in the presence of an Adult witness at the time of booking.

Castle Capers Safety Information Package click here

Jumping Castle Rules click here

Obstacle Course Rules click here

Pedal Kart Rules click here