Yellow Lemon Party Hire

Hire Agreement

ABN: 70538242693

Phone: 0424 191 134

 

Hire and Service Agreement

These are the terms and conditions subject to which Yellow Lemon Party Hire allow you (the hirer) to hire equipment (including all items on offer for hire) and/or provide styled setup services. By signing this agreement, paying us any fees or taking possession of the equipment you agree to be bound and it will be deemed consent to these terms and conditions. If an agreement to hire is made it will constitute the contract between the Owner and you, the Hirer, for the hire of the Goods and Equipment, be that agreement made by SMS, email or any other method of communication.

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Definitions:

1.  “Owner” : Refers to Yellow Lemon Party Hire

2. “Hirer”: You or the entity entering this agreement, including lawful successors and assignees.

3. “Owners Premises” – means the location where the Owner stores the equipment

4. “Equipment”: All agreed hired items, each item specified in the agreement, and any additional equipment. 

5. “Period of Hire” : The duration specified in the agreement for which the equipment is rented.

6. “Site/Venue”: means the place where the equipment is to be used by the Hirer.

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Booking & Payment Terms

1. Booking made by the Website, SMS, email, social media or any other method of communication is acceptable.

2. During quotation it is merely an invitation to hire or receive services. Neither party is bound to an agreement of hire/services until the payment of the required deposit and/or bonds has been received and the Owner has confirmed the booking in writing.

3. This agreement and the confirmed booking details supersede all prior agreements and understandings.

   1. It is the responsibility of the hirer to ensure they check over the booking confirmation

4. Deposits must be paid within 24 hours, unless otherwise stated. The deposit serves as partial advance payment for the booking.

5. Full payment, including the bond, is due at least 7 days before the pickup date. Transfers must clear into Yellow Lemon Party Hire's account prior the hire date - any unclear funds are deemed 'not received'.

6. Payments are accepted via bank transfer only; no cash is accepted or kept on the premises.

7. Written variations to this agreement require consent from both parties. No verbal agreements or advice form part of this agreement

8. The agreement ends upon full payment and return of the items to Yellow Lemon Party Hire.

9. Yellow Lemon Party Hire may terminate this agreement in writing without liability.

10. All implied warranties and terms are excluded as permitted by law. If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement. Any disagreement is to be attempted to be resolved by mediation at the hirers expense prior to legal proceedings being commenced.

11. Failure to comply with this agreement by Yellow Lemon Party Hire that is out of our reasonable control will not render us liable for loss to the hirer or third party.

12. Minimum hire limit of $20 applies to any booking. 

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Cancellation/Amendment

1. Cancellation Policy: (a) The Hirer can cancel the hire or service at any time providing written notification to the Owner via SMS or email. (b) Upon acknowledging the cancellation, the Owner is released from further obligations to the Hirer.

2. Cancellation Terms

   1. Deposits are non-refundable, no matter what the circumstance, with exception of the COVID-19 disclaimer.

   2. Hirer cancellation within 7 days of the hire period will result in 100% loss of the hire quotation / booking.

3. General Booking Amendments: (a) Date changes incur amendment fees based on booking values:

   1. $100 or less: $20 (within 2 weeks), no amendments within 48 hours

   2. $100 or more: $25 (within 2 weeks), $50 (within 7 days), no amendments within 48 hours

   3. $250 or more: $35 (within 2 weeks), $75 (within 7 days), no amendments within 48 hours

   4. $500 or more: : $50 (within 2 weeks), $100 (within 7 days), no amendments within 48 hours

4. COVID-19 Disclaimer:

   1. In the event of a cancellation or amendment due to COVID-19-related circumstances, the following conditions apply

   2. If the cancellation is made by the Hirer or immediate family members due to COVID-19-related reasons, the amendment fee will be waived. 

   3. Alternatively, the deposit can be held for a future booking within 6 months from the original booking date. 

   4. Please note that proof of COVID-19-related circumstances will be required to qualify for the waiver or deposit hold.

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The Hire Equipment

1. Yellow Lemon Party Hire owns the equipment and rents it to the Hirer for the specified hire period and fee.

2. The Hirer agrees to exercise all reasonable care and diligence in the use of the equipment.

3. The Hirer must ensure the secure storage of the equipment at all times. Do not leave the equipment outdoors overnight or in hot vehicles.

4. Tampering, interference, or attempts at repair by the Hirer are strictly prohibited.

5. The Hirer is responsible for accidental damage, theft, malicious damage, or any unlawful act resulting in loss or damage to the equipment.

6. The Owner provides no warranty, express or implied, regarding the equipment’s fitness or condition, unless specifically agreed.

7. This is solely a hire agreement, with no option for the Hirer to purchase the equipment. The Owner retains exclusive ownership.

8. The Hirer must ensure the equipment is suitable for the age and skills of the users.

9. No toys are permitted for children under 3 years old. Children (3 years and older) may use equipment under strong parental supervision. Parental supervision is required for any play or hire equipment.

10. Equipment is to be used only for its intended purpose only, following any instructions provided.

11. Adhere to age or weight restrictions provided.  The equipment is only to be used for its normal function.

12. All users of the equipment do so at their own risk. Yellow Lemon Party Hire is not liable for injuries or damages caused by the equipment.

13. The Hirer must inspect the equipment for fitness and repair before use.

14. The equipment is not permitted in wet areas, in rain or exposed to damaging conditions. Hire equipment that is placed in strong wind conditions have the likelihood falling over if not correctly secured.

15. The character cutout prop standees must not get wet. Please use sandbags to secure in wind. Avoid exposing to extreme heat.

16. The equipment is no permitted to be used on the beach unless prior consent has been provided.

17. Yellow Lemon Party Hire be will not be liable for any injury caused by or arising from the play equipment or activities supplied and the Hirer herby releases the Owner from any loss or damage howsoever arising whether arising under statue, from negligence, personal injury, death, property damage, infringement of third-party rights, or any indirect special or consequential damages or injury to any person or other entity.

18. It is the Hirers responsibility to have an adverse weather plan in place; full hire fee applies even if weather affects usability.

19. Do not sub-hire equipment without consent.

20. Risk in the equipment passes to the Hirer upon leaving the Owner’s premises; the Hire is responsible until safely returned.

21. The Hirer bears financial responsibility for any damage or loss occurring throughout the hire period. In cases where the bond falls short of covering these expenses adequately, an invoice will be issued to recover the additional costs.

22. Report any theft or damage by third parties to Yellow Lemon Party Hire and the police immediately. Clause 35 in these cases.

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Special Terms for Specific Equipment Hire: 

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DIY Boho Picnic Experiences - 

Please note that items are to be returned in the same clean condition that they were hired out.

Acrylic (plastic) glassware or melamine plates can not be placed in the dishwasher and will need to be handwashed.

Frilled napkins can only be washed in a delicate machine cycle on cold or handwashed. 

Cushion colour combinations are subject to availability at the time of booking. Decorative items, napkins, glassware, flowers etc are chosen according to availability on the day and matched with your cushion colour combination.  

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Boho Picnic - Full Setup and Pack Down

If you're considering hosting your event at a park or outdoor venue, we strongly recommend that you contact the local council to inquire about any prerequisites, such as spot reservations or permits, for engaging a commercial vendor like Yellow Lemon Party Hire to handle the setup and take down of your picnic. As the client, it is your responsibility to confirm that you have obtained any necessary permits and to inform Yellow Lemon Party Hire about any park or location-specific restrictions, including but not limited to the permissibility of items such as glassware, the use of faux or fresh or dried florals, teepee tents, lawn games, etc.

When selecting a location, please take into consideration the accessibility for parking during the delivery of the picnic setup. Keep in mind that picnic tables and the associated equipment are quite substantial in weight, so it is essential to have parking arrangements as close to the setup area as possible for ease of transport.

When reserving any venue, whether it's an indoor or outdoor setting, it's important to factor in the time required for both the setup and takedown of your event in addition to your actual event time. The specifics of this schedule will be discussed with you during the booking process and will be determined based on the size of your picnic and the duration needed for both setup and pack-down.

Please ensure you arrive at the provided handover time. Any extra waiting time will incur a charge of $50 per 30 minutes and is only available if there are no other appointments / bookings that I need to attend. If no one is there for handover, and I am unable to stay, the picnic will be packed down and no refund will be provided. Rebooking an alternative day/time will then be considered a new booking.  

Kindly be aware that the responsibility for clearing all refuse from the picnic area just before the picnic pack-down falls upon the client. This entails the removal of grazing boxes, platters, bottles, drinks (ensure any remaining drinks in glassware are poured out), food remnants (please scrape leftover food from plates), balloons, personal decorative items, and general litter. Yellow Lemon Party Hire will exclusively manage the picnic items as they were originally delivered and set up. In the event that supplementary rubbish removal becomes necessary, an additional cleaning surcharge of $5 per person will be applied.

Upon the conclusion of your picnic event, we kindly request that you ensure all guests and belongings have been vacated from the area. Should there be any delay in the removal of items or individuals lingering in the vicinity, please be advised that an additional fee will be applied to cover the extra time incurred.

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Grazing Boxes

I would like to bring to your attention that the grazing services provided by our company are outsourced to a third-party grazing company. We work with a number of wonderful trusting grazing companies and one will be selected based on availability and suitability for your event. As such, we want to clarify that Yellow Lemon Party Hire does not hold any liability for the products or services received by our clients through this outsourcing arrangement. While we take great care in selecting reputable and reliable partners, we want to emphasize that any issues, disputes, or concerns related to the products or services delivered by the grazing company should be directed to them. Our role is to facilitate and manage the process on your behalf, but ultimate responsibility for the quality and safety of the products lies with the grazing company. At the time of booking, you are required to advise of any allergies or dietary requirements. An organisation and delivery fee is charged for this service. 

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Flower Crown Workshop

I would like to bring to your attention that the floral arrangement services provided by our company are outsourced to a third-party florist, The Little Corner Florist.  As such, we want to clarify that Yellow Lemon Party Hire does not hold any liability for the products or services received by our clients through this outsourcing arrangement. The flower crown workshop is a DIY workshop, were all required items are provided in order for you to facilitate making your flower crowns. There is a QR code provided with a 10 minute step-by-step video guide showcasing how you put together your crown - as well as a step my step  manual guide. While we take great care in selecting reputable and reliable partners, we want to emphasize that any issues, disputes, or concerns related to the flower crown workshop, the flowers, the floral arrangements or services by the florist should be directed to them. Our role is to facilitate and manage the process on your behalf, but ultimate responsibility for the quality and aesthetic of the flower crown workshop & the supplies provided lies with the florist. At the time of booking, you are required to advise of any preferences or specific requirements. Flowers will be selected based on what's available for the season and we will do our best to match the aesthetic of the picnic. The scissors, any remaining tape, instruction sheets are to be returned. Flower crowns are yours to take home and keep. An organization and delivery fee is charged for this service.

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Signage & Balloon Garlands

Signage - Do not leave signs in a hot vehicle. Signs on Easels are not suitable for outdoor use.  

Balloons - The small and large balloon garlands require a large space for transporting, so empty boot, seats down. Large balloon garlands need at least a small, empty, SUV with the seats down + you usually can't fit much else in the same vehicle. I suggest bringing a sheet to place down in the car to protect the balloons and remove all sharp objects from the vehicle. Please have an idea of where you'll place them when home if you aren't going straight to the event / venue. Balloons do not like to be in direct sunlight and can't stay in the car for a long period (driving is fine). If your event is outdoors and you have a sign and balloons, please note that this is only suitable in an undercover, wind protected & fully shaded area. If the Perth wind-doctor is not on your side on the day, you will need have an contingency plan in place as the sign and balloons may not hold up in these conditions. 

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Character Cut-out Prop Standees

The characters cut-out props must not get wet at any stage. Please use your own sandbags or pegs to secure in wind. Avoid exposing to extreme heat. Parental supervision required at all times. Be mindful when packing your vehicle to not scratch the paint. 

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Delivery:

I would like to bring to your attention that the delivery service provided is often outsourced to a third-party company and that Yellow Lemon Party Hire does not hold any liability for the services received by our clients through this outsourcing arrangement. Our role is to facilitate and manage the process on your behalf, but ultimate responsibility for the service falls on the delivery company. While we take great care in selecting reputable and reliable partners, we want to emphasize that any issues, disputes, or concerns related to the delivery should be directed to them. An organization, and time commitment fee is charged for this service. Delivery does not include setup of the items (this is an additional fee & needs to be done by Yellow Lemon Party Hire). The Client or a designated person will need to be there to accept the items on arrival of the driver. If no one is there, the driver will return and nil refund provided. On the day of the delivery, you will be sent a message once the driver has collected the items with an ETA of arrival.

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Feedback, Reviews and Photographs

I welcome and appreciate feedback and reviews from my customers regarding their experiences with my services. If you choose to provide feedback, testimonials, or photographs of events featuring my products or services, please be aware that:

• Your feedback, testimonials, and photographs may be used on my website, social media platforms, or other promotional materials to showcase the quality of my services and products.

• By providing feedback, testimonials, or photographs, you grant me the right to use, reproduce, and publish them for promotional purposes.

• I may edit or modify feedback, testimonials, or photographs for clarity, consistency, or to fit my promotional needs.

• I will not disclose personal information (such as full names or contact details) without your explicit consent  when using feedback, testimonials, or photographs for promotional purposes - unless it was posted on a public platform as described below. 

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Please be aware that if you leave feedback on public platforms such as Facebook or Google Reviews, your full name may be displayed in accordance with the platform's policies. Additionally, copies of these reviews, including your name and the source of the review, may be used on my social media channels or on my website to highlight customer experiences and satisfaction.

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Where photographs are provided by your photographer, you warrant that you have been given permission to do so from the copyright owner of the image for its use. Appropriate credit will be given, and you must insure you provide those details. 

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If you do not wish for your feedback, testimonials, or photographs to be used for promotional purposes, please inform me, and I will respect your request.

 

Collection and Return of Items

50. A pre-arranged date and time will be agreed between the Hirer and Owner for the collection and return of the hired equipment. Generally speaking, a time will be provided on a Friday and a Saturday for collection; and a Saturday or Sunday or Monday for the return of the items. This will be reconfirmed and advised on the Tuesday, the week-of your event hire. Noting that the collection/return times may change as the Owner deems necessary to accommodation additional hires or unforeseen circumstances.

51. It is the Hirers responsibility to ensure it has sufficient space to transport the hired equipment, and if is unsure, to contact the Owner for guidance. Card-boarded prop standees, and other such fragile items or prop equipment are not permitted to be transported in open-air vehicles or open-trailers. If it is raining, the items are not permitted to get wet, and therefore require fully enclosed and sealed transportation such as an enclosed trailer or van.

52. If the Hirer is unable to fit an item in their form of transport upon collection, no refund will be provided for such. They will have the opportunity to arrange alternative transportation, only if available, and discuss such with the Owner. Noting however, that alternative pickup arrangements may not be available and will be at the Owners discretion.

53. All hired items and equipment are to be returned in a clean condition.

54. Please note that a cleaning fee of $50 per hour will apply where the equipment is returned in an unacceptable condition and requires extra cleaning. (Minimum 1 hour fee will be charged). The Owner reserves the right to retain a portion, or all of the bond amount, to cover any cleaning fees the event that additional cleaning is required.

55. Party hire items - All equipment must be returned in a clean manner and sanitised.

a. Blackboards must be free of all writing and dust.

b. Any party plates and reusable partyware, must be washed and dried.

c. Any cake stands, mini tables, donut boards, donut standees, acrylic risers, party decorations, teacups/saucers must be wiped down/cleaned.

d. All soft toys and toys in general must be wiped down and sprayed with sanitiser.

e. Equipment must not be covered in rice, confetti, glitter, wax, pen, marker, or similar foreign objects that were not on the equipment prior to hire.

f. For backdrops - any blu-tack used to hold up a backdrop, if no stand was utilised, must be completely removed from the backdrop and show no signs of it on the material.

g. Tablecloths must be placed in their own cold-wash-cycle and line-dried (do not tumble-dry)

h. If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning you must contact the Owner direcly for instructions.

i. All damage during cleaning for equipment while in your possession will result in fees being passed on to you as the Hirer.

56. Boho picnic items – Special cleaning terms apply - All equipment must be returned cleaned and sanitised.

a. Any plates / glassware / plastic acrylic glasses must be hand-washed prior to returning. (not dishwasher safe)

b. Rugs must be shaken out from grass / dust and vacuumed if required. If rugs have any marks, they must be put into the washing machine, on a maximum 40 degree wash cycle & line dried (do not tumble-dry).

c. Tables must be wiped down with a damp cloth (no harsh chemicals)

d. Pillows to be sprayed with disinfectant spray. Any grass / food marks to be removed from the pillow (use cloth with water)

e. Due to COVID-19, Napkins must now be put through a wash-cycle before being returned. The wash cycle must be a full cycle on cold cotton with an appropriate washing powder & line-dried (do not tumble-dry)

f. If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning you must contact the Owner directly for instructions.

g. All damage during cleaning for equipment while in your possession will result in fees being passed on to the Hirer.

57. It is the responsibility of the Hirer to confirm the condition of all equipment is undamaged prior to the hire period and that all equipment is present at the time of pickup, delivery or setup as detailed in the booking confirmation.

a. If there is a defect, incorrect or missing equipment we must be notified within a reasonable timeframe. Any notification must include specific details of the issue. If we are not notified within 24 hours of you gaining possession of the equipment, this will be taken as agreement that the equipment provision requirements of this agreement have been met.

58. If equipment fails during the hire period, we are to be notified immediately and we will endeavour to repair or replace the equipment.

59. A bond will be required, and this will be held as security against damage to the equipment until all equipment is returned in a satisfactory condition.

a. If we deem any damage to our equipment has occurred during your hire period, you authorise us to use the bond to restore equipment.

b. This does not limit your liability and all restoration costs above the amount of the bond held remain the responsibility of the hirer.

60. On collection of the equipment, the Hirer is required to provide photo identification such as e.g. Drivers Licence, Proof of Age Card, Passport.

a. The Hirer is to check the equipment is the correct quantity, clean and in good working order before leaving the Owners premises.

61. At collection of the hire equipment, assistance to load or unload items is not available and is the sole responsibility of the Hirer.

62. If we agree to deliver the equipment to the site for your set up, the Hirer or an approved representative must be at the site to accept the delivery of the equipment as no equipment will be left unattended.

a. If delivery cannot be completed during the first attempt, all additional costs for additional attempts will be the responsibility of the Hirer.

b. Delivery times are as set out in the booking confirmation or by variation agreement. Any variation to delivery within 5 business days of the agreed delivery time, may incur additional fees at the Owners discretion.

63. If the Owner is not able to provide equipment at the time specified in the booking confirmation or variation, we will not be liable for loss incurred by the Hirer.

64. If the hire equipment is not returned on the specified day as per the booking confirmation, a full day hire fee will be payable for each additional day or part thereof until returned.

a. If the equipment is not returned within 4 business days of the end of the hire agreement period, the Hirer will be liable for full costs of replacement with new equipment for each item and all costs of replacements, including sourcing time and delivery.

65. The Owner makes no warranties that the equipment items are fit for purpose.

66. Yellow Lemon Party Hire is not liable for any injury, death or other damage that arises from the use of our equipment or the actions of the Hirer.

67. The Hirer will always exercise all reasonable care and diligence in the use of the equipment.

68. All warranties implied by the Trade Practices Act 1974 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressed 

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Services

Where the Owner provides services for a Hirer at a Site/Venue, the Hirer must:

69. Ensure that the Owner is able to access the site/venue at all times specified by the Owner and at all other reasonable times so as to enable the Owner to provide the services.

70. Ensure that all access to the site is given to the Owner at conclusion of the period of hire to enable the Owner to dismantle and remove the equipment from the site/venue.

71. Ensure that where the equipment is being installed on any structure or held in place by any structure that the structure is capable of holding the weight of the equipment and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the equipment.

72. Ensure the site/venue is safe for the provision of the hiring.

 

Liability and Indemnity

73. Yellow Lemon Party Hire are only liable to the Hirer to the extent permitted by law.

74. The Hirer acknowledges that they bear all risk in the equipment for the full duration of the Hire period.

75. The Hirer acknowledges and accepts that persons using the equipment can be injured.

76. Yellow Lemon Party Hire is not liable to the Hirer or anyone else for any expenditure, injury, loss or damage arising out of the hire and use of the equipment

77. In the event that the equipment that has been hired becomes unavailable due to damage or theft, Yellow Lemon Party Hire reserves the right to substitute to equipment with a product that is comparable and similar in functionality to the current items hired. If a comparable and similar equipment is not available, Yellow Lemon Party Hire will process a full refund. The Owner will not be liable for any loss or damages arising out of Yellow Lemon Party Hire inability to provide equipment due to damage or theft.

78. The Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the Hirers part to ensure the equipment is used, stored, erected or transported safely.

79. The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of the Hirer ordering the wrong equipment or insufficient quantities of the equipment or where the equipment is hired for a purpose which is outside of the equipment’s

80. It is the responsibility of the Hirer to ensure that the Site/Venue is safe and that the facilities are safe. The Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the site/venue is safe.

 

The hirer acknowledges that Yellow Lemon Party Hire has given instructions as to how to use any hire equipment either verbally or in print, as well as discussed, the safety procedures pertaining to the safe use of any hire equipment.

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By using my services and submitting a booking via any platform (website, email, social media, phone, text) or making any payment towards a deposit on a booking, you as the Hirer, have confirmed that you have read and accepted both the terms and conditions and the privacy policy as listed on my website. I encourage you to review my Privacy Policy to understand how I collect, use, and protect your personal information. Please note that these policies can be changed at any time, and it is your responsibility to stay informed of any updates.

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By submitting a booking form or making a payment towards a deposit on a booking, you as the Hirer, have confirmed that you have read the hire agreement and consent to the terms set out above.