Terms and Conditions of Hire

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.


Definitions and Explanation

In these Terms and Conditions these words and phrases have the following meanings:

i. The “Owner” – Yellow Lemon Party Hire

ii. The “Hirer” – means the company or persona the agreement is made with as “the Hirer” and includes where applicable its lawful successors and assignees.

iii. “Owners Premises” – means the premises where the Owner stores the Equipment

iv. “Equipment” – means collectively all the goods and equipment agreed to and separately each item of the goods and equipment designed in the agreement and includes all additional equipment.

v. “Period of Hire” – means the period for which the equipment is hired by the Hirer as specified in the agreement.

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


The Booking and Payment

1. Booking made by SMS, email, Facebook, Instagram 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 together contain the entire agreement between us and supersedes all previous agreements, quotations and understanding between us.

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

4. The deposit required for the agreement to take effect, is considered partial payment in advance for the hire of the equipment/service fee.

5. All deposits and bonds must be paid within 2 business days unless stated otherwise in your booking confirmation.

a. Immediate payment of deposit and/or bond is required if event is within one week.

b. Yellow Lemon Party Hire reserves the right to cancel any booking when this does not occur.

6. All hire and service fees to be finalised 1 week prior to the hire period commencement, unless stated otherwise in your booking confirmation.

a. The Owner reserve the right to cancel any booking when this does not occur and remove all costs to that date from the deposit and refund the balance to the hirer.

7. All damage or services invoiced separately to hire, must be paid within 5 days of invoice.

8. Yellow Lemon Party Hire Accepts Payments in the Form of Cash and Bank Transfer.

9. Any bank transfers must be made at least 3 business days prior to any expected due date to ensure it has reached the account in time.

10. The Hirer will pay the Hire Fee to the Owner on the Payment Date as stated in the Agreement. If payment in advance, or cash on collection is required, it must be noted in the agreement / booking confirmation.

11. Variations may be made to this agreement in writing with the consent of both parties.

a. Any variations will be noted in writing on the booking confirmation, or via confirmation in writing electronically from the Owner and the Hirers acceptance to that notification.

12. This agreement is terminated once all fees have been paid to Yellow Lemon Party Hire in full, and all equipment is returned to us.

a. This agreement may be terminated in writing by us at any time without liability for loss to the hirer or any third parties

13. All warranties, conditions and terms implied by statue or common law are excluded from this agreement as permitted by law to the fullest extent.

14. No verbal agreements or advice form part of this agreement

15. 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.

16. Any disagreement is to be attempted to be resolved by mediation at the hirers expense prior to legal proceedings being commenced.

17. 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.


Cancellation

18. The hire or service detailed in the quotation / booking confirmation may be cancelled by the Hirer at any time in writing.

19. The Hirer has the right to cancel this contract provided that a cancellation notification in writing has been sent to the Owner, such as SMS, Email or any other form of communication. The Owner has to acknowledge such cancellation notification has been received. Upon receipt of such cancellation, the Owner has no further obligation to the Hirer.

20. Cancellation Terms

a. Deposits are non refundable.

b. Cancellation by the Hirer under 2 weeks, but more than 48 hours, of the hire period will result in loss of 50% of the hire quotation/invoice.

c. Cancellation by the Hirer within 48 hours of the hire period will result in loss of 100% of the hire quotation/booking.

d. If the hirer cancels the hire and/or service, all costs incurred to date including will be deducted from the deposit and the balance will be invoiced if above the deposit amount.

e. These cancellation terms will be superseded if an alternative agreement in writing in is confirmed in the booking confirmation.

21. Covid-Lockdown

a. In the event of a full lockdown situation (ie. Not permitted to visit anyone or being able to leave the house unless for essential services) and you are not able to therefore host your party/event as planned then (unless otherwise agreed upon), Yellow Lemon Party Hire will provide a credit of your deposit towards rebooking at a later date. The rebooking can be for the same items or the credit can be used towards the hire of any other items in the business within 3 months. Any other payments made such as bond and full payment will be refunded to the client.

b. If you choose not to host your event because of limited restrictions (and not full lockdown), no refund will be provided.


The Equipment

22. Yellow Lemon Party Hire owns the equipment and hires it to the Hirer for the hire period as detailed in the booking confirmation for a fee and specific hire period.

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

24. The Hirer will ensure the equipment is always secure.

25. The Hirer will not tamper or in any way interfere with, or repair or attempt to repair the equipment

26. The Hirer will be responsible for all accidental damage to the equipment, as well as be responsible for all loss or damage to the equipment occasioned by theft, malicious damage or other unlawful act.

27. Except where specifically agreed, the Owner gives no warranty express or implied in respect of the equipment, its fitness for purpose or the condition thereof.

28. This is a Hire Agreement only and does not constitute or give rise to any sale of the equipment to the Hirer, any purchase agreement with the Hirer or any leasing agreement that contains an option to purchase the equipment. The Hirer acknowledges that the Owner is the sole exclusive Owner of the equipment. Nothing in this contract confers any option on the Hirer to purchase the equipment or any part thereof.

29. It is the sole responsibility of the Hirer to ensure that the equipment hired is suitable for the age and skills of the persons and children who will use it.

30. For any picnic tables hired, these are not to be stood on. Any slight damage to the tables will require replacement at a cost of $120 per table.

31. For any play equipment or kids’ activities, please ensure children are not pushing, colliding, flighting or behaving in a manner likely to injure or cause distress to others.

32. Children must be supervised by a responsible adult at all times and children under the age of 2 need hands-on supervision at all times.

33. Equipment to be used for its intended use only

34. Please adhere to any age or weight restrictions advised by Yellow Lemon Party Hire

35. All persons using the hire equipment do so at their own risk.

36. The Hirer acknowledges that under no circumstance will Yellow Lemon Party Hire be liable for any injury caused by or arising from the play equipment or activities supplied and the Hirer herby releases Yellow Lemon Party Hire 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, corporation or other entity.

37. It is the Hirers responsibility to examine the equipment prior to use to determine fitness and state of repair.

38. The Hirer agrees to only use the equipment for its intended use and in accordance with the product information sheet(s) provided by Yellow Lemon Party Hire if required.

39. The Hirer must ensure that any or all children using any equipment supplied by Yellow Lemon Party Hire are supervise by a competent persona at all times.

40. Equipment may not be used in wet areas – such as not permitted outdoors if raining or near swimming pools where items can be exposed to getting damaged.

41. Equipment must not be left outdoors overnight

42. Any character cutouts / photobooth props / party props are not to be exposed to extreme heat as this will cause the glue to melt. Also please note that in strong winds, these have the likelihood of falling over.

43. The boho picnics are not to be used on the beach or in sand.

44. It is the hirers responsibility to have an adverse weather plan in place for any event. All equipment must remain completely protected from weather and any items that are not useable due to weather will still incur the full hire fee.

45. Equipment may only be used for its normal function as determined by us.

46. Equipment must only be used at the site / location as disclosed on the booking confirmation and is not to be sub hired without consent.

47. Risk in the equipment passes immediately to you when the equipment leaves the Owners premises or possession and you are responsible for all care of all items. You remain responsible until the equipment is safely returned to the Owners possession/premises.

48. All damage to or loss of equipment during the hire period will be the financial responsibility of the Hirer.

a. Replacement, repair or cleaning will be at the Owners discretion and costs will be passed on in full to the Hirer. Costs include time and delivery in order to restore equipment to the original condition.

49. Any theft or damage by third parties must be reported to us and the police immediately. In the event this occurs, clause 24 applies.

50. At no time are fabrics to be cleaned by the hirer without written permission. You may use a damp clean cloth to try remove a stain or food if required.

51. 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.

52. 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.

53. Party hire items - All equipment must be returned in a clean manner

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

b. 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.

c. If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning you must contact us for instructions.

d. All damage during cleaning for equipment while in your possession will result in fees being passed on to you as specified in clause 26.

54. Boho picnic items - All equipment must be returned in a clean manner

a. Any plates / glasses / plastic glasses must be hand washed prior to returning.

b. Rugs must be shaken out from grass / dust

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

d. Pillows to be sprayed with the disinfectant spray provided.

e. Any grass / food marks to be removed from the pillows.

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

g. All damage during cleaning for equipment while in your possession will result in fees being passed on to you as specified in clause 26.

55. 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.

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

57. If a bond is requested in the quotation, in addition to the deposit, 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 as detailed in clause 26.

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

58. On collection of the equipment, the Hirer is required to provide photo identification such as e.g. Drivers Licence, Proof of Age Card, Passport. The Hirer is to check the equipment is the correct quantity, clean and in good working order before leaving the Owners premises.

59. At collection of the hire equipment, assistance to load or unload items may not be available.

60. 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 our discretion.

61. If we are 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.

62. 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.

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

64. 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.

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

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


Services

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

67. 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.

68. 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.

69. 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.

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


Liability and Indemnity

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

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

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

74. 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

75. 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.

76. 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.

77. 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

78. 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.


I, for myself or the Hirer who has authorised me, confirm that I have read the hire agreement and consent to the terms. I note that no contract exists between us until Yellow Lemon Party Hire confirms my booking. 

Please note that by payment of any deposit/s and once the owner has confirmed your booking in writing, you agree to this agreement with or without the signing of this agreement. 


Name of Hirer / Representative: ________________________________________

Hirer / Organisation (if Applicable): ______________________________________

Full Address of Hirer: __________________________________________________

Signature of Hirer: ____________________________________________________

Date: ______________________________________________________________





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