Booking Terms and Conditions

EQUIPMENT HIRE TERMS & CONDITIONS

This Equipment Rental Agreement is made effective upon the payment of the deposit

for the specified hire date, between

Pastel Play Perth (the "Owner") and the Hirer.

BACKGROUND

(A) The Owner is the proprietor of the equipment listed in this Agreement.

(B) The Hirer agrees to hire the equipment specified in the booking confirmation from

the Owner under the terms and conditions set forth in this Agreement.

(C) Payment of the $200 deposit to secure the booking constitutes agreement to these

terms and conditions.

OPERATIVE PROVISIONS

1. Hire of Equipment

(a) The hire of the Equipment will commence on the date specified in the ‘Booking

Form’.

(b) The Hirer is entitled to use the Equipment as outlined in the ‘Booking Form’ for the

agreed period.

2. Payment for Rental

(a) The Hirer agrees to pay the Owner the hire fee specified in the Booking Form

(including the $200 deposit to secure the booking, the remaining hire fee, and any

additional travel charges).

(b) A $100 deposit must be paid to secure the booking date.

(c) The remainder of the payment is due on the invoiced due date, usually 3 days prior to

the booking.3. Bond

(a) The Hirer must pay a refundable cash bond for the equipment hire.

(b) A $200 cash bond is required for soft play bookings.

(c) A $100 cash bond is required for balloon garland bookings and small props.

(d) The cash bond is fully refundable once the hire items have been picked up and

inspected for damages, neglect, or violation of rules.

(e) If the hire items are significantly dirty, damaged, or covered in food, or if shoes are

worn on the equipment leaving scuff marks, or if face paint, glitter, high heels, or wet

conditions cause damage, the bond may not be returned in full to cover cleaning fees.

(f) The bond may also be withheld if the soft play has been moved from its set-up

position or if all balls are not returned to the ball pit upon pick-up.

4. Use of Equipment

(a) The Hirer acknowledges that the use of the Equipment carries risks of injury and

agrees to accept all associated dangers and risks.

(b) The Hirer will use the Equipment in a good and careful manner, in compliance with

all applicable laws, including but not limited to environmental and copyright laws.

(c) The Hirer will use the Equipment only for its intended purpose.

(d) The Hirer agrees to comply with all occupational health and safety laws relating to

the use of the Equipment.

(e) The Hirer must not alter, modify, or attach anything to the Equipment without prior

written consent from the Owner, unless the alteration is easily removable without

damaging the Equipment’s functionality or value.

5. Taxes

(a) The Hirer will pay any and all penalties and interest for failure to pay any tax, fee, or

charge on or before the due date. The Hirer will also pay any penalties and interest for

failure to report required information to any taxing authority. If the Hirer fails to perform

these obligations, the Owner may do so at the Hirer’s expense.

(b) The Hirer is not required to pay any tax, fee, or charge if contesting its validity in a

prescribed or reasonable manner. However, the Hirer will indemnify the Owner for any

damages and expenses incurred due to the Hirer’s failure to pay.(c) If the Hirer fails to pay any taxes, fees, or charges mentioned in this Agreement and

the Owner pays them on behalf of the Hirer, the Hirer will reimburse the Owner upon

notification of the amount.

6. Indemnity

(a) The Hirer will indemnify and hold harmless the Owner against any and all claims,

actions, suits, proceedings, costs, expenses, damages, and liabilities, including

attorney’s fees, arising out of or related to the Hirer’s use of the Equipment.

7. Loss, Damage, or Breakdown of Equipment

(a) The Hirer will be responsible for any loss or damage to the Equipment, regardless of

how it occurred (except for normal wear and tear) during the hire period.

(b) In the event of a breakdown or failure of the Equipment, the Hirer must contact the

Owner to arrange for the Equipment to be collected. The Hirer must not attempt to

repair the Equipment.

8. Hirer’s Warranties

The Hirer warrants that:

(a) The Equipment will be used in accordance with the conditions outlined in the

Schedule;

(b) The particulars in the Schedule are correct and not misleading in any way, including

by omission;

(c) The Equipment will not be used for any illegal purpose;

(d) The Hirer will not modify or permit any modification of the Equipment without prior

written consent from the Owner;

(e) The Hirer agrees that the Equipment complies with its description, is in

merchantable condition, and is fit for the Hirer’s purpose;

(f) The Hirer will not encumber or allow the Equipment to be encumbered or pledge the

Equipment as security in any manner.

9. Insurance(a) The Owner will maintain current insurance policies in respect of the Equipment to its

full insurable value.

10. Liability

(a) The Hirer assumes all risks and liabilities for and in respect of the Equipment and for

all injuries to or deaths of persons and any damage to property arising from the Hirer’s

possession, use, maintenance, repair, or storage of the Equipment.

11. Disclaimer

(a) To the extent permitted by law, the Owner disclaims all liability and does not provide

any warranties to the Hirer regarding the condition of the Equipment.

12. Title

(a) The Hirer acknowledges that the Owner retains title to the Equipment and that the

Hirer has rights to use the Equipment for hire only. The Hirer does not have the right to

pledge the Owner’s credit in connection with the Equipment and agrees not to do so.

(b) The Hirer agrees not to sell, assign, sub-let, lend, pledge, mortgage, let, or hire out

the Equipment or otherwise part with possession of the Equipment without prior written

consent from the Owner.

13. Repossession

(a) The Owner may retake possession of the Equipment if the Hirer breaches any

provision of this Agreement.

(b) In the event of repossession, the Owner will withhold only the $100 booking deposit.

14. Completion of Hire Period

The Hire Period is completed when the Equipment has been collected by the Owner:

(a) In the same condition as when it was hired; and

(b) On or before the date and time specified in the Booking Form or by written

agreement.15. Default

(a) The occurrence of any of the following events will constitute an event of default

under this Agreement:

(i) The Hirer fails to pay any amount due under this Agreement or breaches any other

obligation;

(ii) The Hirer becomes insolvent, assigns rights or property for the benefit of creditors,

or files or has bankruptcy proceedings filed against them;

(iii) A writ of attachment or execution is levied on the Equipment and is not released

within 10 days.

16. Remedies

(a) Upon an Event of Default, the Owner may pursue any one or more of the following

remedies:

(i) Declare the entire amount of the rent immediately due and payable without notice

or demand;

(ii) Commence legal proceedings to recover the rent and other accrued obligations;

(iii) Take possession of the Equipment without notice, wherever it may be located,

without any court order. The Hirer waives any and all damage occasioned by such taking

of possession;

(iv) Terminate this Agreement immediately upon written notice to the Hirer;

(v) Pursue any other remedy available at law or equity.

17. Non-Merger

(a) The covenants, agreements, and obligations contained in this Agreement will not

merge or terminate upon the termination of this Agreement. They will remain in force

and effect to the extent that they have not been fulfilled or are continuing obligations.

18. Severance

(a) If any provision of this Agreement is found to be invalid, unenforceable, illegal, void,

or voidable, it must be construed as if that provision has been severed from this

Agreement, and the remaining provisions will remain in full force and effect.19. Governing Law

(a) This Agreement will be governed by and construed in accordance with the laws of

Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of

Western Australia in connection with any matter concerning this Agreement.

20. Interpretation

(a) In this Agreement, unless the context otherwise requires:

(i) A reference to the singular includes the plural and vice versa;

(ii) A reference to any party to this Agreement includes the party’s executors,

administrators, successors, or permitted assigns, and where applicable, its servants

and agents;

(iii) A reference to an individual includes corporations and vice versa;

(iv) If a word or expression is defined, its other grammatical forms have corresponding

meanings;

(v) Headings are for convenience only and do not affect interpretation.

21. Cancellation Policy

(a) The Owner may cancel this Agreement immediately by written notice to the Hirer if:

(i) Any amount payable by the Hirer under this Agreement is not paid when due;

(ii) The Hirer breaches any provision of this Agreement (except in relation to payment).

(b) If the Hirer chooses to cancel a booking for any reason, the following rules apply:

(i) The Hirer must provide a minimum of 10 days’ notice to cancel, the deposit will be

forfeited if cancelled.