Terms & Conditions
A. PAYMENT TERMS
- NON-REFUNDABLE DEPOSIT
a. The hirer agrees to pay the amount of $100 or 25% of the total invoiced amount (whichever the greater amount) to BUP in order to secure the booking for the product.
b. The hirer agrees and accepts that the products will not be secured for hire on the date requested until such time as the nonrefundable deposit is paid, and the hirer acknowledges that the security of the booking will be granted to whichever hirer pays the deposit first - PAYMENT OF THE BALANCE OF THE INVOICE
a. The hirer agrees to pay all outstanding amounts owing to BUP at least 7 days prior to the date selected for the event.
b. Failure to pay the outstanding amount to BUP 7 or more days prior to the event will result in the forfeiture of the deposit to BUP and the event being cancelled unless otherwise agreed to by BUP. - PAYMENT METHODS
a. BUP accepts payment by VISA, Credit Card, Mastercard (over the phone) or Direct Deposit. - REFUND POLICY
a. Cancellation by BUP
i. If BUP cancel the event due to failure of the hirer to pay any or all outstanding amounts invoiced to the hirer prior to the scheduled event then no refund will be payable.
ii. If BUP cancel the event due to misbehaviour, misuse or potential safety risks to the participants or damage to Inflatable House then no refund will be payable.
iii. If BUP cancel the event 48 hours prior the date of the scheduled event (on the condition it is not a corporate event) due to extreme rain or wind conditions a full refund will be provided to the hirer.
iv. If BUP cancel the event less than 48 hours prior to or on the date of the scheduled event (on the condition it is not a corporate event) due to extreme rain or wind conditions, and has not packed, loaded the products on the vehicle ready to be delivered; or has not delivered the products to the event site a full refund will be provided to the hirer at the complete discretion of BUP.
b. If BUP cancel the event up to 48 hours prior to or on the date of
the scheduled event (on the condition it is not a corporate event) due to extreme rain or wind conditions, and
i. has partially or completely packed, loaded the products on the vehicle ready to be delivered; or
ii. has delivered the products to the event site no refund will be provided to the hirer.
c. If BUP cancel a corporate event due to extreme rain or wind conditions up to 48 hours prior to the event date, and no packing has commenced in preparation of delivery of the event then the total amount of the invoice less the non-refundable deposit will be refunded to the hirer.
d. If BUP cancel a corporate event due to extreme rain or wind conditions up to 48 hours prior to the event date, and either the products:
i. have been packed ready for delivery,
ii. been in transit for delivery,
iii. been delivered, or
iv. set up no refund will be provided to the hirer. - Cancellation by the Hirer
i. If:
i. the total cost of the event is less than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by more than 4 weeks prior to the scheduled event date; and
iii. the scheduled event does not fall in a high peak season then 100% deposit will be refunded to the hirer
ii. If
i. the total cost of the event is greater than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by more than 4 weeks prior to the scheduled event date; and
iii. the scheduled event does not fall in a high peak season no refund is available for the non refundable deposit to the hirer.
iii. If
i. the total cost of the event is less than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by more than 4 weeks prior to the scheduled event date; and
iii. the scheduled event falls in a high peak season no refund is available for the non-refundable deposit to the hirer.
iv. If
i. the total cost of the event is greater than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by more than 4 weeks prior to the scheduled event date; and
iii. the scheduled event falls in a high peak season no refund of the non-refundable deposit will be paid to the hirer.
v. If
i. the total cost of the event is less than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by less than 4 weeks but greater than 7 days prior to the scheduled event date; and
iii. the scheduled event falls in a high peak season then no refund is available for the non-refundable deposit to the hirer.
vi. If
i. the total cost of the event is greater than $1,000; and
ii. the hirer cancels the event after the non-refundable deposit is paid by more than 4 weeks but greater than 7 days prior to the scheduled event date; and
iii. the scheduled event falls in a high peak season then no refund will be paid to the hirer.
vii. If the hirer cancel the event within 7 days or less prior to the scheduled event no refund will be paid to the hirer.
viii. If
i. the total cost of the event is less than $1,000; and
ii. the hirer cancels the event up to 48 hours prior to the scheduled event date; and
iii. the cancellation is due to severe rainfall or wind conditions at the event location which can be supported by the bureau of meteorology; and
iv. the products have not been packed ready for delivery then BUP will refund 100% of the funds by the hirer.
ix. If
i. the total cost of the event is greater than $1,000; and
ii. the hirer cancels the event up to 48 hours prior to the scheduled event date; and
iii. the cancellation is due to severe rainfall or wind conditions at the event location which can be
supported by the bureau of meteorology; and
iv. the products have not been packed ready for delivery then BUP will refund the total amount of the invoice less 50% to the hirer.
x. If:
i. the hirer cancels the event less than 48 hours prior to the scheduled event date; and
ii. the cancellation is due to severe rainfall or wind conditions at the event location which can be supported by the bureau of meteorology; and
iii. the products have been packed ready for delivery, or have been delivered then no refund will be paid to the hirer.
xi. If cancellation occurs for any other reason not outlined above in this agreement a refund, if any will be solely at the discretion of BUP.
B. DELIVERY - PRODUCT
a. The hirer acknowledges and agrees that delivery of the products permit the hirer to a lease only of the product for the period of time stipulated in the invoice provided by BUP.
b. Title of the products remain at all times with BUP and at no time does title ever transfer to the hirer.
c. The hirer acknowledges and agrees that the products delivered by BUP will include only the following unless otherwise stipulated in the hirer’s invoice:
i. Inflatable House or product itemised in the hirer’s invoice;
ii. Labour to set up the Inflatable
House/product;
iii. Pegs or weights as needed from time to time;
iv. 1 Extension lead per blower;
v. Blower of sufficient weight necessary to inflate the product;
vi. Tarp (if set up on hard surface);
vii. Log Book
d. The hirer acknowledges and agrees that the products specifically exclude the following items and such items are to be hired separately from the above items in
B.1c.:
i. Supervision by any BUP employee;
ii. Generator;
iii. Cleaning costs;
iv. Damage costs;
v. Insurance paperwork
vi. Delivery fees - CHARGES
a. The hirer acknowledges and agrees that BUP will charge an additional delivery fee to the cost of hiring the products to be determined by BUP. Such charge will vary dependent upon:
i. the day of the week the schedule event is set,
ii. public holidays
iii. distance of the travel required
iv. difficulty in setting up the product
v. size and number of products
vi. amount of staff required to set up/take down Inflatable
b. Any changes made by the hirer to either the date of the scheduled event or the amount of products required may result in a change to additional delivery charge incurred. - DELIVERY TIMES
a. BUP will deliver the products to the hirer at a time agreed between the hirer and BUP but will endeavour to have the products set up prior to the time nominated by the hirer.
b. The hirer acknowledges that unforeseen delays occur and while all care is taken to have the products delivered to the hirer prior to the time required, there may be a delay in delivery. If this occurs BUP agree to extend the time of the hire period to compensate the hirer for the time lost without any additional charge to the hirer.
c. The hirer agrees to provide times well prior to the event for delivery of the Inflatable House.
d. The hirer agrees that some products require a set up time of up to
2 hours or more in advance of the scheduled event start time. BUP will advise the hirer of the set up time required and will facilitate access for the delivery to ensure the products are set up with enough time to be ready for use by the scheduled event start time. In the event that access to the event site is not granted for the set up time required BUP take no responsibility for ensuring that products are ready for use by the scheduled event start time and no refund will be provided for the products not being ready for use on time. - SITE ACCESS
a. BUP will use either a ute, van or small truck to deliver the products to the hirer. The type of vehicle used will depend on the product being hired, site conditions and other job requirements for the day.
b. Some products require vehicle access to be available in order to deliver the product to the hirer. The hirer will be notified if vehicle access is a requirement for delivery of the specific product.
c. If vehicle access is required, the hirer must ensure that the pathway required to be taken by the vehicle has a clearance of no less than 4 metres wide. If the hirer has not provided suitable vehicle clearance, the products may not be able to be set up and the hirer forfeits any refund for the hire of the said product.
d. If vehicle access is not available (and not a requirement for delivery) BUP will use a trolley to relocate the product and the hirer must ensure that a minimum clearance of 1 metre wide is
available to use.
e. The hirer is required to ensure that all padlocks, gates, security fences power outlets or generators have been opened, unlocked or set up prior to the time of the delivery of the product to ensure the efficient delivery of the product. Any delay caused by the hirer’s failure to gain proper access to the site, may result in an additional delivery charge being incurred. - SITE SET UP
a. The hirer is required to supply a flat and level surface for use of the products.
b. Products may be used on either concrete, asphalt, turf or grass surfaces. Some products must be used on specific surfaces and BUP will advise if the product being hirer requires specific surface
requirements.
c. Any inflatable device provided will be secured to the ground by either:
i. Hammering pegs of no longer than 49cm long into the
ground; or
ii. In the event that pegs are unable to be used then by weights of 10kg or greater will be used to secure the Inflatable House.
d. BUP agree that the products provided will:
i. Have anchor points that are intact and not damaged
ii. Have anchor ropes that are not worn or damages
iii. Anchor stakes and their location remain sound for continued use
iv. The wall to tower fixings are not torn
v. When fully inflated, all walls and towers are firm and upright and the pressure in the bed and step or slide are sufficient to give a reliable and firm footing.
vi. The blower has no exposed wires or loose bolts, screws
etc and the mesh guards of the air inlet and outlet are secured and intact.
vii. Have electrical cables free from wear or damage.
e. All products being placed on concrete, asphalt or turf will be secured by the use of weights.
f. All products being placed on grass will be secured by the use of
pegs.
g. It is the responsibility of the hirer to ensure that the site for where the product is being placed:
i. Is free from any sticks, animal faeces, sharp objects;
ii. Has no overhead wires, trees or other obstruction that could interfere with the use of the product;
iii. If on grass, there are no power lines, pipes or water mains located under the surface that could be at risk of being struck by a peg being placed in the ground.
h. Any failure by the hirer to ensure the site has not been adequately prepared may result in the hire period being cancelled with no refund being provided to the hirer.
i. BUP take no responsibility to any damage suffered to the hirer’s property due to the hirer’s failure to complying with any terms outlined in this agreement.
j. The hirer will be fully liable and may result in additional charges being incurred if any damage is suffered to BUP’s property as a result of the hirer’s failure to comply with any part of this agreement.
C. PRODUCT SAFETY - PRODUCT USE
a. Once the product has been set up, the hirer is prohibited to removing, adjusting or in any way altering the product or the secure method without written consent from a BUP staff member.
b. The product should maintain a 1-2m clearance zone at all times.
c. The hirer agrees to ensure that a person over the age of 18 years and not under the influence of alcohol supervises the product at all times and ensure children are prevented from going near or tampering with the product or electrical power outlets or switches.
d. The following items are strictly prohibited from being taken on the product:
i. Sharp objects
ii. Glass Bottles
iii. Food of any kind
iv. Alcohol or drinks of any kind
v. Face paint
vi. Any other implement that could injure another person
e. The following activity is strictly prohibited on or around the product:
i. Hitting
ii. Jumping at the side walls of the inflatable
iii. Climbing, swinging or hanging from the walls or beams of the product
iv. Sitting/standing on the roof or hanging off the inflatable
v. Boisterous behaviour
vi. More than 1 person sliding down a slide at any 1 time
vii. Sliding down a slide until all persons are removed from the base of the slide. - USAGE RESTRICTIONS
a. The maximum capacity in an Inflatable at any one time is:
i. 40-50 Persons Standard Party House
ii. 60-70 Persons Deluxe Party House
iii. 90-100 Persons Jumbo White House
b. The total maximum capacity of an Inflatable House cannot be exceeded
c. Children are not permitted in the inflatable unless the event is specifically hosted for child use.
d. No person who is under the influence of alcohol or drugs are permitted on the products.
e. No person is permitted to engage in sexual intercourse or any other sexual act in the Inflatable House. - WIND RESTRICTIONS
a. The hirer acknowledges that winds and can increase quickly and without warning and it is the sole responsibility of the hirer to ensure that the product is only erected in conditions that are safe to use.
b. If the product is secured by pegs and wind increases to an amount greater than 15km/hour or the Inflatable House is being dislodged from the tether then all participants are to evacuate and the product is to be deflated immediately and secured.
c. If the product is secured by weights and wind increases to an amount greater than 10km/hour or the Inflatable House is being dislodged from the tether then all participants are to evacuate and the product is to be deflated immediately and secured.
d. BUP reserve the right to refuse to erect any product or deflate any product in the event of rain of heavy winds. - RAIN
a. While most products supplied are designed to withstand both indoor and outdoor use, the products are not designed to be used in the event of rain.
b. The hirer acknowledges and agrees that water can make the products unsafe due to being slippery, and people risk electrocution in the event that power cords get wet and if it rains the products are not to be used until the rain ceases or the water hazard is removed.
c. The hirer acknowledges and agrees to keep all electrical components free from water or rain and the hirer agrees to deflate the product, switch off and cover all power supplies immediately. - POWER SUPPLY
a. The hirer acknowledges that the products supplied require a permanent source of electricity to inflate the product. The hirer acknowledges that this is the hirer’s responsibility to ensure a stable power source and BUP is not responsible for any power tripping or the power ceasing.
b. While BUP does everything to ensure the products comply with Australian Standards and have up to date tag and testing performed, the hirer acknowledges that unforeseen incidents do occur and electrical components stop functioning from time to time and the hirer agrees that this does not mean that BUP is in anyway negligent in the supply of those items.
c. If a generator is supplied by BUP the hirer acknowledges and agrees to be solely responsible for monitoring the fuel consumption and general performance of the generator.
d. The hirer acknowledges and accepts that while the fuel provided for the generator is to cater for the estimated time of hirer, the speed of fuel consumption may vary depending on vigorous use,
the size of participants and size of Inflatable House. The hirer acknowledges that generators may run out of fuel or cease functioning from time to time.
e. The hirer is responsible for evacuating the product and stopping the generator every 2 hours to refuel the generator to ensure the least likelihood of sudden deflation of the product.
f. The hirer is responsible for ensuring the generator is properly monitored and appropriately cordoned off, away from areas where power cords can be damaged, generator interfered with, or blower switched off while the product is in use. - EMERGENCY PROCEDURE
a. Every Inflatable House has an emergency exit to avoid potential suffocation. The exit will be the same as the entry of the Inflatable House. The hirer is responsible for ensuring they make themselves aware of the emergency exits prior to the Inflatable House being used.
b. In the event that power to the product ceases it is imperative that the following evacuation procedure occur:
i. DO NOT enter the Inflatable House or jump on top of it as heavier adults will add to the Inflatable House deflating quicker.
ii. The Inflatable House is designed the deflate from the ceiling first to enable easier footing to evacuate the Inflatable House.
iii. DO NOT permit other persons to enter the Inflatable House.
iv. While one person is evacuating the Inflatable House, a 2nd person is to be attempting to restart the power supply.
v. Call in a loud firm voice for all guests to move immediately to the front of the Inflatable House and
disembark.
vi. Ensure no guests are in any corners or places where solid surfaces surround them.
vii. If the guests are unable to reach the front exit direct them to the netted side of the Inflatable House opposite to the emergency exit and (from the outside of the Inflatable House) talk to them and explain what is happening and to stay calm.
viii. Wait for the ceiling to inflate while ensuring the guest can breathe through the netting. Open the emergency exit and remove the child.
ix. Deflate Inflatable House completely until power supply issue has been resolved. - PROPERTY DAMAGE
a. The hirer acknowledges and agrees to maintain the products hired in the same condition as was supplied to the hirer by BUP.
b. BUP acknowledge that the products supplied will be in a good working condition.
c. The hirer acknowledges and agrees that if the product is returned damaged in any manner the hirer will pay to BUP the full cost of repairing the product and in the event that the damage is unable
to be repaired, the cost of replacing the product with a new product of similar size and quality.
d. The hirer agrees to keep the product in a clean condition and return the Inflatable House in a clean condition free of mud, grass, dirt, stains or other substances.
e. If the hirer does not return the Inflatable House in a clean manner BUP will charge the hirer a cleaning fee and the hirer agrees to compensate BUP the full cost of cleaning with the charge rate
starting at $100.
f. The hirer accepts full and complete responsibility for any and all loss or damage to the above stated equipment whilst it is under their custody and control.
g. The hirer agrees to pay all legal costs on an indemnity basis incurred by BUP to seek financial reimbursement for damages to any products whilst in the hirer’s care. - LIMITATION OF LIABILITY
a. All persons who use the products do so at their own risk. BUP cannot be held responsible for any accidents or injuries to any persons or property arising from the use of the products.
b. The indemnity granted to the hirer under the public liability policy will not apply in connection with the legal liability for claims arising out of injuries to persons or same to property in circumstances where the terms of this agreement are not followed. - DEFINITIONS
The following definitions are used but not otherwise defined in this Agreement:
a. ‘Casualty Value’ means the market value of the equipment at the end of the term or when in relation to the total loss, the market value the equipment would have had at the end of the terms but for the total loss. The casualty value may be less than but will not be more than the original purchase price of the equipment.
b. ‘Products’ means Inflatable Houses or other items leased to the hirer from Blow Up Parties. The term “Products” and “Inflatable House” are used interchangeably in this agreement.
c. ‘Total loss’ means any loss or damage that is not repairable or that would cost more to repair than the market value of the equipment.
d. ‘Schedule Event’ means the date stipulated in the invoice supplied to the hirer and confirmed by BUP.
e. ‘Scheduled Event time’ means the time that is provided by the hirer and stated in the invoice as a start time and finish time.
f. ‘High peak season’ includes but is not limited to November, December, January, school holidays, and public holidays.
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