TERMS & CONDITIONS

YOU (The Lessee) agree to the following terms and conditions of hire from BOUNCE-O-RAMA (The Lessor).

The Lessee hereby acknowledges that he/she has read and understood the Terms and Conditions of Hire and operating procedures of the jumping castle(s) unit as outlined in this rental agreement. By proceeding with the booking, the Lessee accepts all terms of this rental agreement.

The rental fee is payable upfront, upon completion of your online booking or, alternatively, via bank-transfer/direct deposit should your order be completed outside of our platform. Payments via bank transfer need to be paid in full 2 days from invoice.

Rental costs displayed online do not include delivery charges, personalisation work nor refundable security bonds for our luxury range of equipment.

Delivery will be to the street address as specified by you (The Lessee), prior to the event start time you have stated within your booking.

The Lessee grants Bounce O Rama (The Lessor) the right to enter the property at the agreed street address for the delivery and subsequent setup and pack up of the unit.

After your order has been successfully received by us, you will receive a confirmation email. We will contact you again, prior to your event, confirming a delivery and setup time.

The unit(s) must be ready for collection, at the latest, by 5pm of your booking day unless agreed in writing by us prior. Should your address be out of our service area completely, please Contact Us to speak with us directly to see how we can be of service.

Should we be unable to provide your delivery due to bad weather, vehicle failure, illness or any other factor beyond our control, we will inform you of this at the earliest possible opportunity and provide a resolution as per our policies.

Prior to your event, we ask that you please ensure there is adequate space and access space for our equipment, that the location that our products will be sited is accessible and you have cleared the area of debris and that power is available no more than 20 metres from the installation site.

For the hygiene, health and safety of our crew, our equipment and our customers, delivery and instalment of your castle will not proceed should there be animal faeces, furniture or debris located in the delivery or setup path or location of our castles and your booking fee may be FORFEITED.

We will be unable to provide a credit if we cannot deliver your product due to a lack of space, accessibility, hygiene or due to an inappropriate location not previously agreed by us in writing.

Delivery fees are generally included in the total cost for delivery to addresses within the free delivery areas. For areas outside the free delivery zone, additional fees will be notified at the time of booking. The unit(s) must be ready for collection, at the latest, by 5pm of your booking day – otherwise an ‘extended booking’ fee will apply.

For our overnight hire rate, all surcharges are included in the displayed price. Overnight hires are to be collected by no later than midday the following day. If you require the castle for longer, an extended fee will apply and will be payable prior to installation. Units can be deflated overnight by turning off the blower but must be inflated at least 3 hours prior to collection to ensure adequate drying time due to overnight showers, morning dew and other. We will provide overnight instructions during your delivery and installation.

4.1 A maximum of SIX (6) to TEN (10) children are permitted on the jumping castle(s) at any one time, depending on maximum weight loads.

4.2 Total maximum weight at any one time should not exceed 200kg for the medium units and 250kg for the large units.

4.3 No one person weighing 100kg or more is permitted on the jumping castle(s).

4.4 Adults are permitted on the jumping castle(s) if supervising or assisting a child in need of care but must adhere to the maximum weight allowance.

4.5 All riders must remove shoes and socks before playing on the jumping castle(s).

4.6 To avoid injuries; flips, wrestling and rough play is not allowed.

4.7 No toys, jewellery, glasses, sharp or foreign objects of any kind are permitted on the castle(s).

4.8 A person over the age of 18 years MUST be present to supervise children on the jumping castle(s) AT ALL TIMES. The safety of children is your responsibility at all times.

4.9 Absolutely no pets, pens, textas, paint, dye, lollies, food, drinks, spray silly string, streamers, party poppers, glitter, water, sand, mud, dirt or other sticky substances are allowed on the jumping castle(s) at any time. If any of these items or any items are found to have been in or on the jumping castle(s), an additional cleaning fee will apply. If any stains deemed by us to be severe are to be found on the castle, a damage or replacement fee may apply.

4.10 Once set-up for use, the jumping castle(s) must not be moved.

4.11 The hirer (Lessee) must ensure the area where the jumping castle will be set up is free of pet droppings, rocks, sticks, glass or any other debris or sharp objects.

4.12 Pets must be restrained or removed from the area during the duration of the jumping castle(s) hire. If pets have been found to have been on the jumping castle, an additional cleaning fee OR damage fee (dependant on damage) will apply.

The Lessee agrees to keep the jumping castle(s) unit in the same condition as when received (ordinary wear accepted). Cleaning or replacement charges can apply for castles stained with face paint, food, mud, silly string or anything else deemed to be an excessive mess.

6.1 The Lessor hereby maintains that the jumping castle(s) unit is reliable and maintained at all times.

6.2 If the castle(s) begins to deflate for any reason, immediately instruct children to carefully disembark through the main entrance.

6.3 Should the motor stop check the on/off switch on the blower and the extension cord connections.

6.4 If the motor is still running, check the air intake on the side of the motor for blockages, check tubes at the back of the jumping castle(s) unit are attached tightly, straight and that the motor has not tipped. If the above does not correct the problem please call us immediately on 0448 126 828.

Should your booking be for a venue, public space, building or park, a booking confirmation must be provided to us via hello@bounceorama.com.au within 72 hours of your hire period commencing. Should you not have permission to erect a jumping castle in the space you have advised us, your booking will not proceed and your hire fee will be forfeited.

For events that require an early or late bump out time, a specific requested time, idle wait time, elevator, stairs or distance from setup, an additional fee will apply.

The Lessee must be available onsite from the time specified by Bounce O Rama for unit handover and safety instructions. The Lessee must be available and remain available onsite until Bounce O Rama return for cleaning and packup. Should the unit be switched off at the time of arrival and the Lessor are unable to reinflate the castle, our minimum cleaning charge will apply to ensure the unit is in a hireable state for the next rental period.

Credits are provided for a maximum of 12 months to rebook with us. No refunds will be processed for change of mind, error in booking or circumstances out of our control such as traffic delays, severe weather, sudden event cancellation or other.

COVID-19 UPDATE: All bookings cancelled or postponed due to government lockdowns will receive a CREDIT on file for 24 months in line with Cancellation policy terms. No refunds will apply.

The Lessee acknowledges that on the day of the event, he/she will be instructed about and fully understand the safe operational requirements of the jumping castle(s) unit and has read all Terms & Conditions listed herein. The Lessee agrees to observe all safety precautions listed in our Terms and Conditions and readily available on the safety plaques on our castles. The Lessee also warrants the safe return of the jumping castle(s) unit and hereby agrees to pay the full purchase price (minimum $2,000.00) if the jumping castle is not returned, returned in an unhireable state or is deemed damaged beyond repair. There is a minimum fee of $500.00 for any repair(s) required to the unit(s) due to the Lessees negligence plus an hourly labour fee of $100.00 per hour plus materials and transport. For any damage caused by excessive mess, staining or any other reason that leaves a unit in a state deemed by us as unacceptable, a cleaning fee will apply of a minimum of $200.00 plus $100.00 labour per hour and any further costs involved to return the castle to a hireable state.

The Lessee is not permitted to make any alterations to the jumping castle(s) unit nor attach anything to the equipment without the prior written consent of the Lessor.

For attachment or alteration requests, please contact hello@bounceorama.com.au

Balloon suppliers are to use clear elastic or soft string (no tape, adhesives eg 3M hooks, or fishing line as this will damage PVC)

Vinyl decals can only be provided and installed by Bounce O Rama due to the adhesive used

The Lessor warrants that the jumping castle(s) that is/are being leased under this agreement will be in good working order. The unit is supplied and maintained subject to this warranty. The Lessor’s obligation under this rental agreement is limited to repair or replacement of the jumping castle(s) unit when the Lessor determines that it does not conform to this warranty. This warranty is in lieu of any and all other warranties expressed or implied, and of any and all obligations and of all liabilities on the part of the Lessor for damages, including, but not limited to consequential damages arising out of or in connection with the use or performance of the jumping castle(s) unit.

The Lessee agrees to keep the jumping castle(s) unit in his/her custody and not to sub- lease, rent, sell or remove the unit from the agreed delivery address. The jumping castle(s) unit remains the property of The Lessor at all times and the Lessee is responsible for the care, safety and operation of the unit during their hire period (inclusive of setup and packup times).

Waiver and Release of Liability The Lessee shall be in charge of the jumping castle(s) unit’s operation and any other rental equipment and is fully responsible for its safe operation as well as the return of all hire equipment in good working condition. The Lessor, its employees and agents is/are not responsible for injury occurring to the Lessee or to any other persons using the jumping castle(s) unit or any other rental equipment. The Lessee further agrees to hold the Lessor & its officers, employees and agents free & harmless against any injury or claim. The Lessee shall indemnify the Lessor and its officers, employees or agents from/against any costs incurred due to claims from anyone and for attorney’s fees & related costs involving the use and return of the jumping castle(s) unit or any other rental equipment(s) should legal action become necessary. The Lessee and its guests Hirer ('Participant') 1. Participation in activities on or around inflatable bouncy castles ('the Recreational Activities') supplied by Bounce O Rama ('Service Provider') involves significant risks, including the risk of personal injury and death. Particular risks include death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury) of the contraction, aggravation or acceleration of a disease; 2. Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer. 3. By agreeing to our terms and conditions, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above. 4. If agreeing to these terms as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by the Service Provider may involve risks generally; and the Particular risks described above. 5. By agreeing to these terms, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of: 5.1.Section 5M of the Civil Liability Act 2002 (NSW); 5.2.Section 5I of the Civil Liability Act 2002 (WA); 5.3.Section 48 of the Consumer Affairs and Fair Trading Act (NT); 5.4.Section 43 of the Civil Law (Wrongs) Act 2002 (ACT); 5.5.Section 15 - 20 of the Civil Liability Act 2002 (TAS); 5.6.Section 31 - 39 of the Civil Liability Act 1936 (SA); 5.7.Section 50 of the Wrongs Act 1958(VIC); and/or 5.8.Section 13 - 19 of the Civil Liability Act 2003 (QLD). 6. Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities). 7. By agreeing to these terms, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)): 7.1.Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and 7.2.You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill. 8. By agreeing to these terms, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any: 8.1.death; 8.2.physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 8.3.the contraction, aggravation or acceleration of a disease; 8.4.the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to you or the community; (ii) that may result in harm or disadvantage to you or the community; (iii) that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded. 9. By agreeing to these terms, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise. 10. By agreeing to these terms, you acknowledge, agree and understand that: 10.1. The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document; 10.2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; 10.3. The laws of New South Wales govern this document. 11. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights. 12. By agreeing to these terms you agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities.

You of course have the option to cancel or postpone your hire. Please email hello@bounceorama.com.au noting your booking details and reason for cancellation by 9pm Thursday prior to your event at the latest. Cancellations during the 7 days prior to your event may incur a forfeiture of your full hire fee unless otherwise agreed in writing by us.

As administrative time and preparative work is covered by hire fees and the equipment has been booked and set aside for your exclusive use on the requested date, no refunds apply to cancelled/postponed bookings however you will be provided with a credit to rebook with us within 12 months.

The Rental Agreement constitutes the full agreement between the Lessor and Lessee.

This is a refundable security deposit that will be held by Bounce O Rama until the safe and clean return of equipment.  Should our equipment be found to be stained, damaged or in a state of excessive mess at the end of your hire (including but not limited to more than 15 ballpit balls outside the ballpit), this deposit becomes non-refundable to cover the time and products required to return the item to a hireable state and further damage costs may be applicable depending on the severity. Return of your security deposit will be sent via the same method of payment as your booking. Please allow between 2 - 5 business days post event.

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