Bubbling with Energy Pty Limited ATF The BWE Entertainment Trust

ABN: 70934160261

Terms & Conditions of Hire

Definitions

“Carnival Rides” means any attraction that is not an inflatable;

“You, Your” means the person, firm or corporation conducting the event or party and
any officer employed, or agent of person, who signs this, or any other document with BWE, on the person’s behalf;

“Equipment” means any equipment supplied to you by BWE;

“Us, we, our or BWE” means Bubbling With Energy Pty Limited ATF The BWE Entertainment Trust and includes any Related Companies and any Directors, employees, agents and officers;

“Patrons” means children or adults participating in the use of the equipment/attractions; and

“Related Company” means any related body corporate within the meaning of section 50 of the Corporations Act 2001 (Cth).

***Please read & tick/sign (where applicable) 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.

You must also read our safety guidelines and stay safe guidelines pages and understand your obligations and responsibilities [PAGE22] Safety Guidelines[/] together with our
[PAGE69]Stay Safe Guidelines.[/].

WARNING: Our amusements constitute dangerous recreational activities that carry inherent risk. A recreational activity includes any sport, activity pursued for enjoyment, relaxation or leisure, or any activity pursued at a place, such as a beach, park, backyard or other public open space. As a dangerous recreational activity, our amusements involve a significant risk of physical harm.

Acceptance

By signing the acceptance of these Terms and/or taking delivery of the Equipment you warrant that you have read and understood these Terms and agree to be bound by them.

1. ACCESS

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 endeavour 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, you 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.

1d Mechanical Bull access required is 1m wide wheelchair access, no stairs and no obstacles. If we arrive and are not able to install our full fee is payable.

2. You undertake full responsibility to ensure safe and workable conditions for our staff.

3. You must provide adequate lighting for any supervision or collection of equipment after dusk.

4. Any person who signs these terms on your behalf warrants that they have the appropriate authority to do so.

5. Payments

5a Payment for Bookings over $400 require a non refundable 25% deposit unless you are a government owned body or a Bunnings store.

5b If the balance of your invoice is less than $400, 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 change. The equipment will not be installed until full payment has been received. All payments are non-refundable.

5c If the balance of your invoice exceeds $400 (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 prior written approval from BWE. If you are not one of the above or have prior written approval, then the equipment will not be installed until full payment has been received. All payments are non-refundable.

5d. Payment for Bookings less than $400 (Not including entertainers and contractor bookings) 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 (such as Entertainers and Ponies and mechanical rides) must be paid in full at the time the booking is made, unless you are a government owned body, a Bunnings store or you have prior written approval from BWE.

5f: Costs of Recovery: – You are liable to pay for all costs actually incurred by BWE in the recovery of any monies owed under this Agreement including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

6. Cancellations

6a. Cancellations of Inflatables: You have 5 days after making the booking to cancel with no cancellation fee unless you have booked for a date within 5 days of booking. After the 5 days has expired you will incur a cancellation fee of 25% of the total amount of your booking. In the event of adverse weather conditions you have until 5pm the day prior to your booking to cancel which we may extend until 8am on the day of your booking at our discretion (please discuss with us the day prior to your booking). Any cancellations requested for adverse weather conditions (by “adverse” we mean wind predictions exceeding 30kmph or rain being predicted for your area (not showers)) must be approved by BWE to avoid a cancellation fee. Any cancellation accepted will result in a credit being issued which you can use towards a future booking. All payments are non-refundable.

6b Cancellations/reschedules of Entertainers, including but not limited to Face Painters, Clowns, Temporary tattoo Artists: For cancellations/reschedules no later than 96hrs prior to the event, a full credit will apply. Cancellations within 96hrs of the event no credit will apply and full funds will be kept by BWE.

6c. Cancellation for all other equipment and services not including Inflatables and not limited to Carnival Rides & Carnival Equipment/ Cinema Screen/ Mechanical Bull /Mobile Rock Climbing Wall, Mobile Gaming Theatre/Ponies and Animal Farms: If a booking is cancelled within 5 days of the date of invoice/confirmation, no cancellation fee will be charged. If you cancel after this period, a cancellation fee of 50% of your invoice will be applicable. If you cancel within 72 hours of your scheduled booking, the full fee is payable and no credit will be given. Cancellations of inflatables for Australia Day, December and New Years Eve will also incur the above cancellation fees and no credit will be given. This is because we knock back bookings for these dates on the basis that you will proceed with your booking.

6e. For all cancellations: if your call goes to voicemail, please listen carefully to the message and call the after-hours number provided in the message to ensure we receive your cancellation. Cancellations will only be effective if they are communicated to BWE office staff ONLY and you receive a cancellation number. A Cancellation communicated to ground staff at the Venue will not be accepted. BWE ground crew are unable to advise of any fees or refunds that you may incur, only BWE office staff can advise on your cancellation fee etc.

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 with your deposit 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 patrons entry to the equipment if our staff considers the conditions to be unsafe. The full hire fee is still applicable. If you are supervising the inflatable please ensure you read our safety guidelines and make sure the person you appoint to supervise the inflatable is aware of our wind condition requirements which is listed in the guidelines. https://www.jumpingcastlesonline.com.au/pages/safety-guidelines

9. Electricity/Water: It is your responsibility to ensure that there is an adequate supply of electricity, electrical power points and water (where applicable) 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 80-85 decibels.

10. Inflatable Amusements anchoring/equipment – Inflatable amusements are best located on grass but can be set up on concrete/bitumen if BWE receives prior notification so we can bring weights to anchor. 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. Additional charges apply if we are required to supply weights to anchor.

BWE will not be held liable for damage to soft fall or any other surface where weights are used to anchor. Where we use stakes/pegs to anchor the inflatable BWE will not be held liable for any damage to underground pipes unless we have been advised prior to the hire date with a map of where the pipes are. After removing our equipment you are required to inspect the site to ensure we have removed all our equipment, stakes, pegs etc. In the unlikely event we leave stakes/pegs at the install area BWE will not be held liable if it causes damage to a person, machine (eg Lawn mower) etc.

BWE ground crew are sometimes required drive our vehicles on to your grass to access the set up area. Unless we are notified upon arrival that we are not allowed to access the area with our vehicle we will not be responsible for any damage done to the ground.

11. You agree to provide an 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 your safety and preservation of order. You 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 your responsibility to obtain local council permits if required. Unless you receive written approval from BWE, our staff do not collect tickets, tokens or check wristbands that allow patrons to use the equipment or entertainment provided.

You will indemnify BWE for any liability resulting for any person outside of BWE staff that assists in any way in the unloading/install/supervision or pack down/loading of any equipment where they may be injured physically or mentally. You will also indemnify BWE from any damage done to property by persons who are not BWE staff. You also indemnify BWE from any incidents/accidents when inadequate instructions were provided to the BWE staff member and damage to property or persons resulted.

12. You shall indemnify BWE from any loss, damage, expense or injury of whatever kind during the subsistence of this agreement, arising directly or indirectly from your default in the observance of any of your obligations hereunder or from any trespass, negligence act or omission of you, your agents or any person under your supervision, direction or control. You also shall indemnify BWE from any losses from the use of the equipment or services where they were used in a profit-making exercise.

13. You agree that you take full responsibility and indemnify us for any loss/damage of our props/equipment arising from any acts or omissions of you or your patrons during the hire period, and you must make payment to us according to the extent of any such damage/loss. As security for payment pursuant to the indemnity, you hereby consent to us registering a security interest, as that term is defined in the Personal Property Securities Act 2009 (PPSA), over the props/equipment as continuing and subsisting security with priority over any unsecured creditors and you hereby waive, to the maximum extent possible at law, the right to receipt of a verification statement pursuant to Section 157 of the PPSA, and any other right that can be lawfully contracted out of under the PPSA (including, but not limited to, the items listed in Section 115 of that Act).

14. You understand your obligations and responsibilities and have read or will read the Safety Guidelines and Stay Safe Guidelines prior to the day. You will not hold BWE liable for any injuries to patrons or damage occurred during the hire period or until the amusement or inflatable is picked up. For backyard deliveries we offer no insurance cover and you should seek to ensure your household insurance covers this liability. For hires outside of the backyard we may not have insurance and will not be liable for any injuries. Please check with BWE for the products covered under our insurance policy.

15. Persons/patrons aged 18 years and over are not recommended to participate on the inflatable or any attractions supplied by BWE, without a supervisor provided by us and in attendance. If persons aged 18 years or over do participate, they do so at their own risk and BWE is not liable for any injury to person/s or property or other. Persons/patrons aged 18 years and over are required to sign the Waiver, Release and Indemnity form prior to participating on any amusement.

16. Release of liability: You release BWE from any liability for any injuries that occur for any reason on any product hired from or provided by BWE. As such, you accept full responsibility for all minors who participate in the activity or event and warrant that you have obtained the consent of every parent or legal guardian of every minor who will participate, to the minors use of the equipment. You also agree to indemnify BWE from all liability, loss, cost, claim, or damage whatsoever arising from your use, patrons use or minors use of the equipment. You also agree to advise our office staff prior to the day of any special needs patrons of any age so we can assess the risk of that patron’s participation in the activity or event.

You warrant 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 you will need to have each parent or guardian sign a release form (available from our office).

The release of liability relates to all our following equipment (without limitation):

a. Warrior Wall
b. Mechanical Bull and attachments
c. Mechanical Surf/Snowboard
d. Bungee Run
e. Bouncy Boxing
f. Gladiator Duel.
g. Water Slides
h. Toxic Wipeout Challenge
i. Hippo Chowdown

j. all other rides, amusements and other products supplied by BWE.

Waiver:

You acknowledge and agree that the services supplied by BWE and the use of any Equipment supplied by BWE carries with it certain dangers, including the but not limited to, the risk of injury, damage to property, serious injury and injury resulting in death.

To the extent permitted by law, any express or implied warranty that the services and Equipment supplied by BWE will be provided with due care and skill is hereby excluded.

Release and Indemnity: You hereby indemnify BWE from any loss, cost, damage, expense or injury arising directly or indirectly from my use of the Equipment, and/or any default in the observance of any of these Terms, or from any trespass, negligence, act or omission of you, your agents or any person under your supervision, direction or control.

You on behalf of yourself, your executors, beneficiaries and personal representatives forever and unconditionally release BWE from any claim, damage, liability, suit or cause of action arising from your use of the Equipment whether or not the claim arises directly or indirectly or by any negligence on behalf of BWE.

You warrant that you or your patrons will not participate if you or your patrons have any pre-existing medical condition, including but not limited to previous back, neck, leg, knee of bone injury; pre-existing heart condition or high blood pressure; recently undergoing surgery; and pregnancy.

You warrant that you will immediately comply with any safety directions provided by BWE in relation to the use and/or handling of the Equipment.

You are responsible for any minor you allow or supervise on the Equipment.

Waiver: By accepting these terms and/or taking delivery of the Equipment, you hereby acknowledge and agree that the services and equipment provided by BWE constitute a dangerous recreational activity. You acknowledge that you have been given specific instructions by BWE on the safe use of the Equipment. By participating you on behalf of yourself, your executors, beneficiaries and personal representatives waive your rights and release BWE from any liability howsoever arising and you understand that you are voluntarily participating in a recreational activity which may include inherent dangers, foreseen and unforeseen, and hazards that no amount of care, caution, instruction or expertise can eliminate. In consideration of using the Equipment, you have agreed to accept all risk associated with you use of the Equipment. You acknowledge that BWE has insurance cover which may not extend to covering all or any injury or loss sustained during the course of your use of the Equipment.

17. BWE or its employees have the authority to close down any activity where it deems that you have contravened any sections of this agreement.

18. In the unlikely chance that delivery of the activity is late, BWE will ensure that the number of hours you have booked our entertainment for will not be jeopardised.

19. 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 BWE’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.

19b. Hire of equipment such as Fairy Floss, Popcorn, Sno Cones, Bubble Machine, Smoke machine, chocolate wheel require a bond be paid at the time of booking, 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.

19c. When hiring our popcorn machine, you 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.

19d. 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 your responsibility to familiarize yourself with these instructions as BWE holds no responsibility if the equipment fails to function correctly due to your failure to follow the instructions. BWE accepts no responsibility for any injuries occurring while using the equipment. You are responsible for any damage to the machines through misuse.

20. You acknowledge that BWE may not hold adequate public liability insurance to cover the product hired and you accept liability for any deficiency in this cover.

**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 – 1 metre 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).

INTERACTIVE GAMES:
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

Foam Cannon – Water and power within 20m of set up

OBSTACLE COURSES: 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.

SLIDES:
Dual Lane Slide – Direct drive up access
Monkey Dual Lane Slide – Direct drive up access
Giant Sabretooth Tiger Slide – Direct drive up access

WET/DRY SLIDES:
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

Mobile Gaming Theatre

We require an area of 15m in length and 3m width. If you do not have that in your driveway please reserve parking on the road outside your house. We can also use a local park but there will be a charge for the generator.

*** If you don’t have the minimum access requirements, please call the office on 02 9829 8929 to seek prior approval or an alternative solution***

BWE staff reserves the right to cancel any delivery upon arrival with the full hire fee applicable. If you agree to accept delivery regardless of the agreed amount of access not being available BWE will not be liable for any damage to property resulting directly or indirectly from inadequate access during the process of delivery or pickup and removal of BWE equipment.