1. NON-REFUNDABLE DEPOSIT
1.1. To secure a booking with Pumped Up Parties, the hirer is required to paya deposit of $150.
1.2. The hirer acknowledges and agrees that the booking will not be secured until the non-refundable deposit has been paid in full.
2. PAYMENT OF THE BALANCE OF THE INVOICE
2.1. The hirer agrees to settle any outstanding amounts due at least 7 days prior to the event date.
2.2. Failure to pay the outstanding balance 7 days or more prior to the event date will result in the cancellation of the booking. The hirer acknowledges that the deposit will be forfeited in such circumstances.
3. PAYMENT METHODS
3.1. All payments are to be made exclusively via Direct Deposit.
4. REFUND POLICY
4.1. If Pumped Up Parties cancels the event due to the hirer’s failure to pay the outstanding amount, no refund will be provided, and the deposit will be forfeited.
4.2. If the event is cancelled by Pumped Up Parties due to misbehaviour, misuse, potential risks to participants, or potential damage to the inflatable, no refund will be provided.
4.3. In the event that Pumped Up Parties cancels the event 48 hours prior to the scheduled date due to adverse rain or wind conditions that fall outside the inflatables safe operating parameters, a full refund will be provided to the hirer.
5. CANCELLATION POLICY
Cancellation Timing:
5.1. If the hirer cancels the event more than 4 weeks prior to the scheduled date, a 100% deposit refund will be provided.
5.2. If the hirer cancels between 4 weeks to 7 days before the scheduled event, no refund will be given.
Weather Conditions:
5.3 If the hirer cancels up to 48 hours before the event due to severe weather conditions (as verified by the bureau of meteorology), a full refund will be provided.
5.4 If the hirer cancels less than 48 hours before the event due to severe weather conditions, no refund will be given.
http://www.bom.gov.au/vic/observations/melbourne.shtml
Short Notice Cancellation:
5.5. If the hirer cancels the event within 7 days or less prior to the scheduled event, regardless of the reason, no refund will be given.
Discretionary Cancellation:
5.6. If the cancellation occurs for reasons not specified in this agreement, a refund, if applicable, will be at the sole discretion of Pumped Up Parties.
6. PRODUCT:
6.1. The hirer acknowledges and agrees that the products delivered by Pumped Up Parties remain the property of Pumped Up Parties. The products are only leased to the hirer for the duration mentioned in the invoice.
6.2. Title or ownership of the product never transfers to the hirer at any point in time.
7. DELIVERY TIMES
Scheduled Delivery:
7.1. Pumped Up Parties commits to delivering the products at a time mutually agreed upon with the hirer and aims to have them set up before the specified time by the hirer.
Unforeseen Delays:
7.2. Occasionally, there may be unforeseen delays in delivery. In such circumstances, Pumped Up Parties will extend the rental period to compensate for the lost time at no additional charge to the hirer.
Notification of Delivery Times:
7.3. The hirer must communicate their desired delivery times well in advance of the event, especially when specific products, such as the Inflatable House, are involved.
Setup Duration:
7.4 Certain products provided by Pumped Up Parties may require up to 2 hours (or possibly more) for setup. Pumped Up Parties will notify the hirer of the expected setup duration and will need early access to ensure timely delivery and setup. If Pumped Up Parties cannot gain the necessary access to the event location for the required setup duration, they are not accountable for the products not being ready by the event’s start time. No refunds will be provided in such situations.
8. PACKUP DURATION
8.1. Certain products from Pumped Up Parties may need up to 2 hours (or more) for pack-up.
8.2. Pumped Up Parties will need access to the event site promptly at the scheduled event’s end time.
8.3. The hirer must ensure that Pumped Up Parties’ staff has the necessary access and space to pack up the products efficiently.
9. SITE ACCESS
Direct Vehicle Access:
9.1. For the effective delivery of the product, direct vehicle access may be required at the specified location. The hirer is responsible for ensuring a clear pathway with a minimum width of 4 metres. Failure to provide the necessary clearance may prevent the product’s setup, and the hirer will not be entitled to any refund related to this failure.
Pathway Access:
9.2. In scenarios where direct vehicle access is not possible, a clear and unobstructed pathway with a minimum width of 1 metre is essential for the safe transportation of the product to its intended location.
Preliminary Preparations:
9.3. The hirer holds the responsibility for making necessary preparations ahead of the product’s arrival. This includes but is not limited to unlocking padlocks, ensuring gates are open, and confirming that power outlets or generators are available and functional. Any delays caused due to the hirer’s failure to adequately prepare may result in added delivery charges.
10. SITE SET UP
Surface Requirements:
10.1. The hirer is responsible for providing a flat and level surface for the product. Products can be set up on various surfaces including concrete, asphalt, turf, or grass. If any product has specific surface requirements, Pumped Up Parties will communicate this in advance.
Anchoring Inflatable Devices:
10.2. Any inflatable device provided will be anchored securely to the ground. This can be achieved either by:
10.3 Pegs, with a length no longer than 49cm, being hammered into the ground.
10.4 Weights, weighing 10kg or more, being used to secure the inflatable device if pegs are not suitable for the surface.
Site Preparation:
The hirer must ensure that:
10.5. The intended site for the product is clear of any debris, including sticks, animal waste, or sharp objects.
10.6. The area is free from overhead obstructions, such as wires or trees.
10.7. If the product is set up on a grass surface, there should be certainty that there are no underground utilities or systems that might be compromised by peg placements.
10.8. Failure to appropriately prepare the site could lead to the cancellation of the hire period, and the hirer would not be entitled to a refund in such instances.
Liabilities and Damages:
10.9. Pumped Up Parties are not accountable for any damage to the hirer’s property if the hirer does not follow the terms laid out in this agreement.
10.10. The hirer will bear responsibility for any damages to Pumped Up Parties’ property resulting from non-adherence to this agreement. Such situations might incur additional charges for the hirer.
11. PRODUCT USE
Product Alteration:
11.1. Once Pumped Up Parties have completed the setup of the product, the hirer is expressly forbidden from removing, adjusting, or altering the product or its securing methods in any way.
Safety Clearances:
11.2. The hirer must maintain a safety buffer of at least 1.5m around the products.
Supervision:
11.3. The hirer is responsible for ensuring that an individual aged 18 or older supervises the product at all times. This supervisor must prevent any individual from approaching or tampering with electrical power outlets or switches.
Prohibited Items and Activities:
11.4 The following items are not allowed inside or near the product:
- Sharp objects.
- Face paint.
11.5 The subsequent activities are strictly forbidden on or around the product:
- Hitting.
- Jumping against side walls.
- Climbing, swinging, or hanging from the walls or beams.
- Sitting, jumping, or standing on the roof of the product or hanging off it.
12. USAGE RESTRICTIONS
Maximum Capacity:
12.1. The hirer must ensure that the number of individuals inside the inflatable at any given time does not exceed 40-50 people.
13. WIND RESTRICTIONS
Wind Condition Awareness:
13.1. The hirer recognises that wind conditions can vary swiftly and unpredictably. It is the hirer’s responsibility to ensure that the product is only erected and maintained in conditions deemed safe for use.
Wind Speeds and Product Secured by Pegs:
13.2. Should the product be anchored using pegs, and wind speeds exceed 25 km per hour, or if the product begins to dislodge from its tether/anchor, it is the hirer’s duty to ensure that all individuals inside the product are swiftly evacuated. Following evacuation, the product must be promptly deflated and securely fastened.
Wind speeds will be monitored via http://www.bom.gov.au/vic/observations/melbourne.shtml
Wind Speeds and Product Secured by Weights:
13.3. For products anchored using weights, if the wind speeds surpass 15 km per hour or if there’s any indication of the product becoming unmoored from its tether/anchor, immediate evacuation of individuals inside is required. The hirer must then ensure the product is deflated and anchored securely.
Company’s Discretion on Inflation:
13.4. Pumped Up Parties retain the right to refrain from inflating or to deflate the product in conditions of rain or strong winds for the safety of the users and to protect the integrity of the product.
14. RAIN
14.1. Most of the products supplied by Pumped Up Parties are adaptable for both indoor and outdoor use and can withstand light to medium rain conditions. However, they are not designed for use in heavy rainfall.
14.2. The hirer recognises and agrees that, in conditions of heavy rain, the products can become hazardous due to excessive water making them slippery. There is also a significant risk of electrocution if power cords are submerged or drenched. In circumstances of heavy rain, the hirer must refrain from using the products until the rain eases off or the associated water hazard is addressed.
14.3. The hirer is responsible for ensuring all electrical components remain dry and away from water. In the event of sudden heavy rain or significant water exposure, the hirer agrees to quickly deflate the product, turn off all associated power, and cover all power supplies.
15. POWER SUPPLY
15.1. The hirer acknowledges that certain products require a continuous power supply for the duration of the hire period. It is the hirer’s responsibility to ensure a consistent and stable power source. Pumped Up Parties will not be responsible for any issues related to power interruptions or failures.
16. PROPERTY DAMAGE
16.1. The hirer agrees to return the hired products in the same condition they were provided, recognizing they were received from Pumped Up Parties in good working order.
16.2. Any damage to the products will be the responsibility of the hirer. The hirer agrees to cover the full cost of repairs. In instances where the damage is irreparable, the hirer will cover the cost of replacing the product with a new one of similar size and quality.
16.3. The hirer commits to keeping the products clean and returning them free from contaminants like mud, grass, dirt, and stains. If the products are returned in a state requiring cleaning, a cleaning fee will be imposed. The hirer agrees to pay this fee, starting at $100.
16.4. The hirer accepts full responsibility for any loss or damage to the rented equipment while it’s in their possession.
16.5. In the event of damage, the hirer agrees to pay all legal fees, on an indemnity basis, that Pumped Up Parties might incur while seeking compensation for damages to any products under the hirer’s care.
17. LIMITATION OF LIABILITY
17.1. To the fullest extent permissible by applicable law, Pumped Up Parties, inclusive of its affiliates, officers, directors, employees, agents, suppliers, or licensors, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the use, misuse, or inability to use our products. This encompasses, but is not restricted to, damages for loss of profits, data, goodwill, business opportunities, revenue, business interruptions, or any other intangible losses or damages.
17.2. All individuals using products provided by Pumped Up Parties do so entirely at their own risk. Pumped Up Parties shall not be liable for any injuries, damages, or mishaps resulting from the use or misuse of the products. Non-compliance with the terms of this agreement will render any claims against Pumped Up Parties null and void.
17.3. In any circumstance where a financial claim is brought against Pumped Up Parties relating to our products or services, the claim amount shall be limited to, at its maximum, the sum paid by the claimant to Pumped Up Parties in the one month leading up to the claim’s initiation. This clause stands valid irrespective of whether other remedies fail to fully compensate claimants for their damages or losses.