Bubbling with Energy Entertainment Terms & Conditions of Hire (2017/2018)
Unit 6, 14 Stennett Road INGLEBURN NSW 2565 PH:02 9829 8929 ABN: 59 366 416 863
Definitions: “Client” means the person, firm or corporation conducting the event and Definitions: “Client” means the person, firm or corporation conducting the event and
any officer employed, or agent of the client, who signs this, or any other document, on the client’s behalf may be taken by the owner as having full authority to sign on the client’s behalf.
“Owner” means Boing Pty Ltd Trading As Bubbling With Energy Entertainment (Operator) and its employees (BWE) and any associated companies
“Patrons” means children or adults participating in the use of the attractions.
“Carnival Rides” means any attraction that is not an inflatable
. ***Please read & tick to confirm that you have read, understood and agreed to our terms and conditions and that we have booked in exactly what you have booked and haven’t left anything out. We will take no responsibility if what you have booked is not what is on the invoice unless you check and advise us of the problem.
1a BWE staff or their contractors shall be allowed reasonable access to the venue prior to the commencement of performance / attraction and shall be allowed adequate time and access to remove the gear after the hours of agreed operation have ended. If this is not possible, an early and/or late bump out fee will be charged.
1b BWE staff or their contractors will endeavor to deliver each attraction no later than 15 minutes prior to the start time booked for that attraction, dependent on their deliveries that day. We may advise you verbally or via email with a range of times that we will deliver. Should you require a more specific time, you can call the BWE office on the day prior to your event although a fee will be charged. As circumstances beyond our control occur, we reserve the right to amend delivery times but sill deliver prior to your booking start time. If an early bump in, or late bump out (delivery/pick up time) is required, the client shall inform BWE sales staff on booking and an early bump in/late bump out fee will be incurred. If you are unable to accept delivery or we are unable to gain access, you will be charged an additional fee to cover reasonable staffing and motor vehicle expenses incurred by us in the event of us having to return to your location or for time spent waiting for access. The above also relates to pick-ups.
1c Any stairs or gates less than 1 meter wide in terms of access will need to be discussed with BWE staff prior to your event to prevent any issues with delivery and pickup. If we have any difficulties, our staff reserves the right to cancel any delivery upon arrival with the full hire fee applicable, If the agreed amount of access is not available BWE cannot be held liable in the event of damage to property during the process of delivery or pickup and removal of BWE equipment.
2. The client shall undertake full responsibility to ensure safe and workable conditions for the Owner.
3. The client is to provide adequate lighting for any Supervision or collection of inflatables after dusk, and that is the responsibility of the client.
4. It is agreed and decided that any person signing for and on behalf of the client warrants his authority to do so.
5a Payment for Bookings over $200 require a 25% deposit unless you are a government owned body, a Bunnings store or you have had written approval from BWE then no deposit is payable.
5b If the balance of your invoice is no more than $200, you may pay the balance in cash to your delivery driver on arrival for inflatable hires only. Please ensure you have the correct change as our drivers do not carry chance. The equipment will not be installed until full payment has been received. All payments are non-refundable.
5c If the balance of your invoice is over $200 (Inflatable hire only), this balance must be received no later than the last business day prior to your event unless you are a government owned body, a Bunnings store or you have written approval from BWE. If you are not one of the above or have written approval, then the equipment will not be installed until full payment has been received. All payments are non-refundable.
5d. Payment for Bookings up to $200 (Not including entertainers and contractor booking) do not require a deposit. Payment of the total invoice may be paid in full in cash to your delivery driver on arrival. The equipment will not be installed until full payment has been received. All payments are non-refundable.
5e. Payment for all equipment and services not including inflatables ie; jumping castles (Entertainers and contractor booking) must be paid in full on booking unless you are a government owned body, a Bunnings store or you have written approval from BWE.
6a. Cancellations of Inflatables: Any private parties, including but not limited to 21st Birthday parties held in your backyard, a hall, park etc. must advise of cancellations no later than 8am on the day of hire. After 8am any cancellation will incur a cancellation fee of 50% of the total invoice price unless you have had written approval to cancel later from BWE.
6b. Payments received for bookings cancelled within the cancellation policy conditions will be held as a credit for future bookings. All payments are non-refundable. Only verbal cancellations will be accepted.
6c Cancellations/reschedules of Entertainers, including but not limited to Face Painters, Clowns, Temporary tattoo Artists. For cancellations/reschedules no later than 48hrs prior to the event, a full credit will apply. Cancellations within 48hrs of the event no credit will apply and no refund offered.
6d. Cancellation for all equipment and services not including Inflatables and not limited to Carnival Rides & Carnival Equipment/ Cinema Screen/ Mechanical Bull Mobile Rock Climbing Wall, Ponies and Animal Farms. You will have 7 days from the date of your invoice to cancel and no fee will be charged. After this time 25% fee will be charged. Cancellation within 14 days prior to your event will incur a 50% fee. Full fee is applicable if you cancel within 72 hours of your booking.
6e. For all cancellations: if your call goes to voice mail, please listen carefully to the message and call the after-hours number provided in the message to ensure we receive your cancellation. Please ensure that you follow all voicemail instructions as to cancellations on the day. You must call & speak to BWE office staff ONLY in regards to cancellation & refund policies, not to the ground staff on site.
7. Wind & Rain Insurance (Refund Option) for INFLATABLES ONLY – You have the option to take out Wind & Rain Insurance for your event if being held outdoors. A fee of 8.75% of your total invoice applies, and must be paid within 5 days of the invoice date. If your booking is cancelled according to the cancellation guidelines, any payments made relating to the insured booking, less the insurance premium, will be refunded in full. These terms override any information provided to you by a third-party source, including field staff employed by BWE.
8. Unsafe Conditions: – BWE reserves the right to refuse entry of patrons on to the booked equipment if our staff considers the conditions to be unsafe. The full hire fee is still applicable.
9. Electricity: It is the client’s responsibility to ensure that there is an adequate supply of electricity and electrical power points to supply the demands of the equipment hired, and must be within twenty (20) meters of the set-up area of each piece of electrical equipment hired. The full hire fee is still applicable if the above requirements cannot be met, otherwise generators must be used on most equipment at an extra charge. If a generator is required (no electricity available), please be aware if you choose not to use a BWE generator, we take no responsibility if the equipment doesn’t operate. Access to your electricity must be available either before or on arrival of our installation crew. BWE will not be responsible if we are late setting up due to electricity not being available. To power up to 3 blowers we require a minimum 8KVA generator and if from a building we may need the power to be off more than one circuit, so on some hires we will require more than one generator or access to separate areas of the building that is on different circuits. Some inflatables take more than three blowers to inflate them so please check with the office at least three days prior to your event to discuss your power requirements if you are supplying the generators or power from a building.
9a FOR INFLATABLES DO NOT TURN THE POWER OFF unless you speak to one of our staff at the office (there are after hours’ numbers as well) if you wish to use the inflatable again. Once we have installed your inflatable we will not take any responsibility if the inflatable deflates or won’t inflate properly after deflation. Sometimes the impeller inside the blower goes into reverse mode and will only half inflate the inflatable if you deflate during your hire and then try and inflate. We suggest you completely deflate the inflatable again and make sure the impeller inside is not moving. Then and only then turn the power back on. You can call us and we will attempt to assist where possible but take no responsibility after we have installed the inflatable.
9b. Generators supplied by BWE have a noise output of between approximately 80-85decibels
10. Inflatable Amusements – Inflatable amusements are best located on grass but can be set up on concrete/bitumen if: BWE receives prior notification and 4 to 8 tie down points are provided; in the event of medium to strong winds, BWE Staff may decide it is unsafe to operate the amusement. A fee is incurred if we get to your location and the equipment needs to be set up on concrete or any other hard surface and you have not advised us of such.
11. The client agrees to provide adequate number of attendants and stewards to ensure the sufficient supervision of the venue and to prevent the entry of undesirables. Also, to ensure proper conduct of the audience during the engagement for the safety of the Client and preservation of order. It shall provide a safe, properly constructed and sheltered area for each activity unless BWE has approved an alternate outdoor venue for the activity. It is the hirer’s responsibility to obtain local council permits if required. Unless the client receives written approval from BWE, our staff do not collect tickets, tokens or check wristbands that allow patrons to use the equipment or entertainment provided.
12. The client shall indemnify BWE from any direct loss, damage or injury of whatever kind during the subsistence of this agreement, arising wholly from the default of the client in the observance of any of his obligations here under or from any trespass, negligence act or omission of the client, agents or any person under it’s supervision, direction or control. The client also shall indemnify BWE from any losses from the use of the owner’s equipment or services where they were used in a profit-making exercise.
13. The client agrees that they shall take full responsibility for any loss/damage of props/equipment directly caused by Patrons/Client during the event and make payment according to the extent of damage/loss.
14. Persons/patrons aged 18 years and over are not recommended to participate on the inflatable or any attractions supplied by Bubbling with Energy Entertainment, without a supervisor provided by us and in attendance. If persons aged 18 years or over, do participate without our supervisor in attendance, they do so at their own risk and Bubbling with Energy Entertainment is not liable for any injury to person/s or property or other. Persons/patrons aged 18 years and over are required to sign a disclaimer form prior to participating on any amusement.
15. Release of liability (specific items): For minors (any participant under the age of 18) you as the hirer are required to accept that you are releasing liability for any injuries that occur for any reason on the inflatables listed below. As such you are consenting to every child or ward’s participation in the activity or event, and have agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth below. You also agree to indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties.
You further state that you are of a lawful age and legally competent to accept this liability release by accepting these terms and conditions. If you do not wish to accept this liability that you will need to have each parent of guardian sign a release form (available from our office) to sign our liability release form.
a. Stunt Jump
b. Mechanical Bull and attachments
c. Mechanical Surf/Snowboard
d. Bungee Run
e. Bouncy Boxing
f. Gladiator Duel.
g. Bubble Soccer
h. Water Park
i. Toxic Wipeout Challenge
j. Hippo Chow Down
• I understand that the use of any equipment supplied by BWE carries with it certain dangers, including the risk of injury and damage to property.
• I acknowledge that I have been given specific instructions by the owner on the safe use of the amusement ride, device, and attraction.
• By participating I release the owner, operator and supervisor of the amusement ride, device or attraction from any liability and I or patrons I understand that I or on behalf of any minor I am allowing to use the amusement device am voluntarily participating in a recreational activity and knowingly assume that there may be inherent dangers, foreseen and unforeseen, and hazards that no amount of care, caution, instruction or expertise can eliminate, risks may include but not limited to injuries or even death.
• In consideration of being allowed to use the Equipment, I have agreed to accept all risk associated with my or on behalf of others using the Equipment.
• I acknowledge that the owner has insurance cover which may not extend to covering all or any injury or loss sustained during the course of our involvement in the the activity
• I understand and agree that I am not only giving up my right to sue the Released Parties but also rights to my heirs, assigns, or beneficiaries may have, to sue the Released Parties resulting from injury or death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be stopped from claiming otherwise because of my representations to the released parties
• References to the “owner, operator and supervisor” in this document mean each of Boing Pty Ltd Trading as Bubbling with Energy Entertainment ABN 59 366 416 863 and any related companies (within the meaning of “related” contained in Section 50 of the Corporations Law), and each of their directors, employees, agents and officers.
o I will not participate if I have any of the following;
o Previous back, neck, leg, knee or bone injury
o Heart trouble and/or high blood pressure
o Under the influence of alcohol or drugs
o Recent surgery, injury or illness or
o Doubts about my safety.
16. BWE or its employees have the authority to close down any activity where the client has been deemed to contravene any sections of this agreement.
17. In the unlikely chance we are late, BWE will ensure that the number of hours you have booked our entertainment for will not be jeopardised.
18. Fairy Floss, Popcorn, Sno Cones Machines
18a BWE will not accept responsibility for machines such as Fairy Floss, Popcorn, Sno Cones, if the machines do not operate efficiently when placed in an environment where elements such as air conditioning, wind, heat, power issues etc. are out of Bubbling with Energy Entertainment’s control. All machines are checked prior to leaving our premises. If machines fail during the event, it is usually a power issue which we will not be responsible for. No refund will be provided.
18b. Equipment such as Fairy Floss, Popcorn, Sno Cones, Bubble Machine, Smoke machine, chocolate wheel requires a bond, which can be taken by credit card or cash and will be returned to you upon inspection of the hired equipment, on the basis that the machine was returned to BWE in the same condition it left in.
18c. When hiring our popcorn machine, the client will receive bags of pre-popped popcorn and serving bags. Fairy floss is to be used on 1 circuit without any other electrical equipment being used on the same circuit.
18d. Operating instructions for machines such as Popcorn Warmer, Sno Cone Machine, Fairy Floss Machine, are located on BWE’s website www.bubblingwithenergy.info – It is the client’s responsibility to familiarize themselves with these instructions as the Owner holds no responsibility if the equipment fails to function correctly due to the client failure to follow the instructions. The Owner accepts no responsibility for any injuries occurring while using the equipment. The client is responsible for any damage to the machines through misuse.
**MINIMUM ACCESS REQUIREMENTS**
CASTLES & COMBO’S:
Mini, Midi & Medium Jumping Castles – 70 cm
Kids Large Jumping Castles – 85cm
Interactive 4in1, C7’s & Mega Interactive 5in1 Combo’s – 1m and no steps to the set up area (Please advise us so we can try to work out a solution).
Adult Jumping Castles – 1 metre and no steps to the set up area (Please advise us so we can try to work out a solution).
All interactive games excluding those listed individually require 1 metre and no steps to the set up area (Please advise us so we can try to work out a solution).
• Bungee Fun Run – 1 metre
• Human Fly wall – 1 metre
• Full Court Press – 1 metre
• Mechanical Surfboard – 1 metre
• Toxic Wipeout Challenge – 1 metre
• Hippo Chow Down – 1 metre
• Human Table Foosball Combo – Direct drive up access
• Human Table Football – Direct drive up access
• Mechanical Bull and attachments – 1 metre
• Mobile Rock Climbing Wall – Direct drive up access
Adrenaline Rush II, Aqua Rush and Adrenaline Rush Extreme – Direct drive up access
Circus Obstacle Course, 38 & 31-foot obstacle course and Radical Junior – 1.2 metre and no steps to the set-up area (Please advise us so we can try to work out a solution).
Jurassic Adventure – Direct drive up access that means we cannot trolley or roll the inflatable and we need the vehicle to be able to access directly to the set-up area.
Dual Lane Slide – Direct drive up access
Monkey Dual Lane Slide – Direct drive up access
Giant Sabretooth Tiger Slide – Direct drive up access
Jump N Splash, Whale Water Slide and Slide n Splash – 1 Metre, No steps to the set up area (Please advise us so we can try to work out a solution).
Fire N Ice/Wild Rapids/Wave Crusher – Direct Drive up access
Screamer/Mammoth Water Slide With Pool and Log Jammer Extreme – Direct drive up access
*** If you don’t have the minimum access requirements, please call the office on 02 9829 8929 to seek approval or an alternative solution***
BWE staff reserves the right to cancel any delivery upon arrival with the full hire fee applicable. If the clients agrees to accept delivery regardless of the agreed amount of access not being available. BWE cannot be held liable in the event of damage to property resulting from inadequate access during the process of delivery or pickup and removal of BWE equipment.