1. The hirer must pay for the hire of the play equipment in full one week prior to the scheduled hire period via direct deposit or otherwise arranged.
  2. If our delivery service is being provided, a pre-arranged date will be agreed between the Hirer and ABC Kids Play Zone for the delivery and pickup of the hired play equipment. ABC Kids Play Zone reserves the right to charge a late fee if the Hirer fails to make the play equipment available for pick up at the pre-arranged date and time without reasonable notice to ABC Kids Play Zone. The late fee shall be equivalent to one (1) week hire of the respective play equipment.
  3. The Hirer agrees to the following “Rules for Use”,
  4. No food or drink to be consumed on play equipment.
  5. Children to be supervised by responsible adult at all times; children under 2 need a hands on supervisor at all times.
  6. Equipment to be used for intended purpose ONLY.
  7. Use within age, weight, and size restrictions.
  8. Use on flat level ground.
  9. Use all safety equipment provided where applicable.
  10. All assembly must be conducted in accordance with instructions by responsible adult.
  11. No shoes to be worn on play equipment, with exception to rides or ride ons where shoes MUST be worn.
  12. No loose clothing or accessories to be worn on equipment.
  13. It is the sole responsibility of the Hirer to ensure that the play equipment hired is suitable for the age and abilities of the children who will use them and the Hirer must ensure that any or all children using any equipment supplied by ABC Kids Play Zone are supervised by a competent person at all times.
  14. If the Hirer is a ‘consumer’ of goods or services within the meaning of that term in the fair trading act 1987 (SA) or similar legislation, then the Hirer will have the benefit of certain non-excludable rights and remedies in respect of the play equipment and nothing in these terms of hire excludes, restricts or modifies any condition, warranty, right or remedy which is conferred pursuant to the Fair Trading Act or similar legislation.
  15. Subject to clause 5 above, ABC Kids Play Zone shall not be liable for any expenditure, damage, loss or inconvenience incurred by the hirer arising out of the play equipment whether caused by fair wear and tear or any other reason whatsoever. Under no circumstances will ABC Kids Play Zone be held liable for any injury caused by or arising from the play equipment supplied.
  16. Subject to clause 5 above, ABC Kids Play Zone shall not be liable and the hirer hereby releases ABC Kids Play Zone from any loss or damage howsoever arising whether arising under statute, from negligence, personal injury, death, property damage, infringement of third party rights, or any indirect, special or consequential damages or injury to any person, corporation or other entity.
  17. The play equipment supplied for hire will remain the exclusive property of ABC Kids Play Zone and the Hirer will not lend, sell, or underlet any play equipment supplied for hire.
  18. In the event of theft of the play equipment, ABC Kids Play Zone is under no obligation to provide replacement play equipment.
  19. In the event of theft of the play equipment supplied, the hirer must immediately notify ABC Kids Play Zone and the Hirer will be responsible for the replacement value of the play equipment.
  20. In the event of damage to the play equipment, ABC Kids Play Zone will elect whether the Hirer must pay an amount equal to:
    1. The cost of replacing the play equipment: or
    2. The cost of the repair of the play equipment
  21. In the event of damage to the play equipment and the Hirer elects to leave the play equipment and not return the play equipment to the place of hire or repair where the Hirer could have reasonably done so then the Hirer will pay ABC Kids Play Zone reasonable costs of the repair, retrieval and return of the play equipment.
  22. The Hirer acknowledges that this Hire agreement is subject to all known defects in the play equipment as disclosed to the Hirer on the quote and/or the invoice and/or advertising and/or by ABC Kids Play Zone in writing.
  23. It is the Hirer’s responsibility to examine the play equipment prior to use to determine fitness and state of repair. The Hirer accepts responsibility to return the play equipment in the same state of repair and cleanliness as when delivered.
  24. A Cleaning fee of $60 per hour will apply where the play equipment is returned in an unacceptable condition which requires extra cleaning.
  25. The customer hereby charges any interest it has in any real or personal property with the payment of the play equipment and grants to ABC Kids Play Zone the legal right to lodge a caveat or similar security against such interests.
  26. The Hirer hereby indemnifies ABC Kids Play Zone against all costs, disbursements and expenses including, but not limited to, legal costs relating directly or indirectly to the payment of the hire of the play equipment including the costs of lodging a caveat or similar security and all incidental solicitor’s costs on an indemnity basis.
  27. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of these Terms and Conditions.
  28. Any variations to these Terms and Conditions must be in writing and signed by ABC Kids Play Zone and the Hirer.
  29. ABC Kids Play Zone respects the Hirer’s privacy and complies with the Privacy Act 1998(Cth). ABC Kids Play Zone may gather and process information which the Hirer provides, such as the Hirer name, address, email address and other personal information and ABC Kids Play Zone may use the information acquired to offer the Hirer goods and services.