T&Cs
TERMS AND
CONDITIONS FOR EQUIPMENT HIRE
OF
THE PARTY PEOPLE
MIDLANDS LIMITED
Please read these
Terms and Conditions carefully before proceeding as all they apply to all Bookings
made with the Owner. Please specially note clauses 5 & 6 which are
regarding payment, refunds, and cancellations.
1.DEFINITIONS
1.1The
following definitions apply in these Terms and Conditions.
“Additional
Charges”: any applicable
charges as set out in clause 17.
“Booking”: refers to the mutual, written agreement
under these Terms and Conditions for the hiring of Equipment by the Customer
from the Owner, includes the
Customer’s order for the Equipment. Also referred to as Rental Agreement
throughout these Terms and Conditions.
“Booking Fee”:
a
non-refundable fee payable upon booking.
“Cancellation Fee”: a fee charged for cancelling Bookings within 7 days of the Delivery Date as set out in clause 6.3.
“Collection”: the return of physical possession of the Equipment
to the Owner at the Site upon completion of the Rental Period or earlier
termination.
“Delivery”:
the transfer of physical possession of the Equipment to the Customer at the
Site.
“Delivery Date”:
the
date on which the Delivery is made, as agreed upon at the time of Booking.
“Equipment”:
any apparatus, material or equipment (including all accessories supplied either
as part of a kit or as standard with the main unit) as set out at time of the
Booking; and all substitutions, replacements or renewals of such equipment and
all related accessories, manuals and instructions provided for it.
“Material Defect”: a defect in any Equipment that substantially
prevents the Equipment from operating or functioning as designed.
“Owner”: refers to The
Party People Midlands Limited, whose principal place of business can be found
upon request from The Party People.
“Rental Payments”:
the payments made by or on behalf of Customer for hire of the Equipment.
“Rental Period”:
the period of hire as set out in clause 3.
“Risk Period”:
the period during which the Equipment is at the sole of the risk of the Customer
as set out in clause 10.2.
“Site”:
the venue
or premises to which the Equipment will be delivered as agreed upon at the time
of Booking or prior to the Delivery Date.
“Terms and Conditions”: Unless otherwise
specified, refers to this document. Also referred to as Agreement in some
sections.
“Total Loss”:
Where due to the Customer's default, the Equipment is, in the Owner's
reasonable opinion (or the opinion of its insurer), damaged beyond repair,
lost, stolen, seized or confiscated.
2.EQUIPMENT HIRE
2.1The
Owner shall hire the Equipment to the Customer for use at the Site subject to
these Terms and Conditions.
2.2The
Owner shall not, other than in the exercise of its rights under these Terms and
Conditions or applicable law, interfere with the Customer's quiet possession of
the Equipment.
3.RENTAL PERIOD
3.1The
Rental Period shall commence with the Customer taking possession of the
equipment upon Delivery and shall terminate at 18:00 on the same day, unless the
Rental Agreement is terminated earlier in accordance with these Terms and
Conditions.
3.2The
Rental Period may be extended to 21:00 on the same day by a mutual agreement by
way of a written agreement between both parties at an additional charge of £35 an hour.
3.3If
the Rental Period has not been extended in accordance with clause 3.2 and the
Equipment is not returned to the Owner by 18:00 on the day, the Customer will
be charged at the daily rate set out at the time of Booking until the Equipment
is returned to the Owner.
4.BOOKING
FEE
4.1A
non-refundable booking fee of £25 is payable upon booking the equipment hire.
5.PAYMENT TERMS
5.1The
Customer shall pay the Rental Payment to the Owner in accordance with
the rate set out at time of Booking.
5.2The
Customer shall make payment by the Delivery Date prior to the Customer taking
physical possession of the Equipment.
5.3If
the Customer fails to make any payment that is due upon Delivery, the Owner
reserves the right to terminate the Rental Agreement.
5.4If
the Customer fails to make a payment that is due by the due date, then, the
Customer shall pay interest on the overdue sum from the due date until payment
of the overdue sum, whether before or after judgment. Interest under this
clause will accrue each day at 8% a year above the Bank of England's base rate
from time to time, but at 4% a year for any period when that base rate is below
0%.
6.CANCELLATION
AND REFUNDS
6.1All
cancellation requests must be confirmed in writing by the Owner.
6.2If
the Customer cancels up to 7 days before the Delivery Date, there is no
Cancellation Fee.
6.3If the Customer cancels within 7 days of
the Delivery Date, the Customer shall pay a Cancellation Fee amounting up to 30%
of the Rental Payment. If the Rental Payment has been paid in full value at the
time of cancellation, the payment is non-refundable.
6.4If
the Customer cancels on the Delivery Date, the Customer is liable for the full
Rental Payment.
6.5In
the unlikely event where the Owner cancels the Booking due to reasons beyond
the Owner’s control, such as prevailing weather conditions, Equipment breakdown,
etc., a partial refund may be issued.
6.6Where
the Owner cancels the Booking on the Delivery Date due to customer error, such
as not informing the Owner of the correct surface type, the Customer will
remain liable for the full Rental Payment pursuant to clause 7.5.
7.SITE
7.1The
Customer must ensure that the Site is suitable for the installation and
operation of the Equipment.
(a)There
must be enough space for the installation and operation of the Equipment. This
includes space on the ground as well as entryways for the Equipment to pass
through.
(b)There
must be a parking space for parking and loading and unloading of Equipment. The
Customer shall pay any parking charges or fines for parking delivery vehicles
incurred during Delivery and Collection.
(c)The
Customer must inform the Owner of the correct surface type upon which the
Equipment will be installed.
(d)The
Site must have access to a power supply for the Equipment to operate.
7.2To
facilitate Delivery and installation, the Customer shall at its sole expense
provide all requisite facilities and access to enable Delivery, Collection, and
installation to be carried out safely and expeditiously.
7.3Installation
of the Equipment may include the use of metal pegs, up to 500mm long, which are
inserted into the ground to secure them safely. The Owner will not accept
responsibility or cost of damage caused by the use of these metal pegs.
7.4The
Customer must inform the Owner prior to the Delivery Date if the Equipment is
to be used on hardstanding such as a patio, AstroTurf, indoor venue, etc. In
such cases, the Owner will utilise sandbags instead of metal pegs. If the
Customer fails to do so, the Site will be deemed to be unsuitable for
installation of Equipment upon Delivery and clause 7.5 will apply.
7.5If
the Site is deemed to be unsuitable for the installation of Equipment upon
Delivery, the Delivery will be refused, and the Customer will be liable for the
full Rental Payment. This includes any provisions that the Customer has failed
to inform the Owner, such as stairs, and obstructions to the Site.
8.DELIVERY AND INSTALLATION
8.1The
Owner shall deliver the Equipment to the Site. The Owner shall use all
reasonable endeavours to effect Delivery on the Delivery Date. Risk shall
transfer in accordance with clause 10 of this agreement.
8.2Delivery
costs are calculated at the Owner’s sole discretion and will be confirmed at
time of Booking. The Equipment will be delivered by the Owner according to the
time agreed during Booking. The Owner will use its best reasonable endeavours
to deliver on time. The Owner will not be held liable for any losses or costs
incurred as a result of delays that occur outside of the Owner’s control, such
as traffic, weather conditions, vehicle breakdowns, etc.
8.3The
Customer acknowledges that installation and packing, including loading and
unloading, of Equipment, may take up to 30-90 minutes depending on
circumstances such as obstruction, weather, venue, etc. The Customer must take
this clause into consideration as the Owner will not be held liable for any
losses or costs incurred by this.
8.4The
Owner shall install the Equipment at the Site. Acceptance by such
representative of installation shall constitute conclusive evidence that the Customer
has examined the Equipment and has found it to be in good condition, complete
and fit in every way for the purpose for which it is intended.
8.5The Customer shall be present at the Delivery and installation of
the Equipment.
8.6Any
delay that obstructs Delivery and installation will be payable by the Customer
at a rate of £25 for thirty minutes or £50 per hour.
8.7If
the Customer fails to accept delivery of the Equipment on the Delivery Date,
then, except where such failure is caused by the Owner's failure to comply with
its obligations under these Terms and Conditions:
(a)the
Equipment shall be deemed to have been delivered on the Delivery Date; and
(b)the
Owner shall store the Equipment until delivery takes place, and charge the Customer
for all related costs and expenses.
9.COLLECTION
9.1At
the end of the Rental Period or upon earlier termination, the Customer will
make the Equipment available for pick up at the Site.
9.2Any
delay that obstructs the Collection will be payable by the Customer at a rate
of £25 for thirty minutes or £50 per hour. The Customer shall pay any parking
charges or fines for parking delivery vehicles incurred during Collection.
9.3The
Equipment must be returned to the Owner in the same condition it was received
in (fair wear and tear only excepted), otherwise the Customer will be liable to
pay for the incurred costs:
(a)Dirty
Equipment will incur a cleaning charge depending on the type of Equipment.
(b)Any
alcohol-related damage will be charged at twice the price.
10.TITLE AND RISK
10.1The
Equipment shall at all times remain the property of the Owner, and the Customer
shall have no right, title or interest in or to the Equipment (save the right
to possession and use of the Equipment subject to the Terms and Conditions)
10.2The
risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer
on Delivery. The Equipment shall remain at the sole risk of the Customer during
the Rental Period and any further term during which the Equipment is in the
possession, custody or control of the Customer (“Risk Period”)
until such time as the Equipment is returned to the Owner
10.3The
Customer shall give immediate written notice to the Owner in the event of any
loss, accident or damage to the Equipment arising out of or in connection with
the Customer’s possession or use of the Equipment.
11.INSURANCE
During the Rental Period and the Risk Period,
the Customer shall, at its own expense, obtain and maintain the following
insurances:
(a)insurance
of the Equipment to a value not less than its full replacement value
comprehensively against all usual risks of loss, damage or destruction by fire,
theft or accident, and such other risks;
(b)insurance
for such amounts as a prudent owner or operator of the Equipment would insure
for, or such amount as the Owner may from time to time reasonably require, to
cover any third party or public liability risks of whatever nature and however
arising in connection with the Equipment; and
(c)insurance
against such other or further risks relating to the Equipment as may be required
by law, together with such other insurance as the Owner may from time to time
consider reasonably necessary and advise to the Customer.
11.2If
the Customer fails to effect or maintain any of the insurances required under
clause 11.1, the Owner shall be entitled to effect and maintain the same, pay
premiums as may be necessary for that purpose and recover the same as a debt
due from the Customer.
12.CUSTOMER’S OBLIGATIONS
12.1The
Customer shall:
(a)ensure
that the Safety Instructions (set out in Schedule 1) are followed;
(b)keep
and maintain at its own expense the Equipment in good and substantial repair as
and when required in order to keep it in as good an operating condition as it
was on the Delivery Date (fair wear and tear only excepted);
(c)use
all Equipment only for the purposes for which it was designed and operate in a
careful, prudent manner and in accordance with the instructions for use;
(d)maintain
effective control of the Equipment and keep the Equipment in a secure and suitable
environment when not in use;
(e)ensure
that the Equipment is operated only by suitably competent persons, duly
instructed on its safe operations in accordance with manufacturer’s operating
manuals, instructions, and safety warnings;
(f)not
perform, or allow any person to perform, any work in or upon or make
modifications, changes, alterations or repairs to the Equipment other than
routine maintenance;
(g)keep
the Owner fully informed of all material matters relating to the Equipment;
(h)keep
the Equipment at all times at the Site and shall not move or attempt to move
any part of the Equipment to any other location without the Owner’s prior
written consent;
(i)not,
without the prior written consent of the Owner, part with control of (including
for the purposes of repair or maintenance), sell or offer for sale, underlet or
lend the Equipment or allow the creation of any mortgage, charge, lien or other
security interest in respect of it;
(j)not
suffer or permit the Equipment to be confiscated, seized or taken out of its possession
or control under any distress, execution or other legal process, but if the
Equipment is so confiscated, seized or taken, the Customer shall notify the Owner
and the Customer shall at its sole expense use its best endeavours to procure
an immediate release of the Equipment and shall indemnify the Owner on demand
against all losses, costs, charges, damages and expenses incurred as a result
of such confiscation;
(k)not
remove, alter, disfigure or cover up any numbering, lettering or insignia
displayed upon the Equipment or any warnings or documentation thereon;
(l)not
use the Equipment for any unlawful purpose;
(m)allow
the Owner or its representatives access to the Site or any premises where the
Equipment is located for the purpose of removing the Equipment at the end of the
Rental Period. The Customer shall pack the Equipment utilising the standard
packaging materials, where applicable.
13.INDEMNITY
13.1The
Customer acknowledges that the Owner shall not be responsible for any loss of
or damage to the Equipment arising out of or in connection with any negligence,
misuse, mishandling of the Equipment or otherwise caused by the Customer or its
officers, employees, agents and contractors.
13.2The
Customer shall indemnify the Owner in full against all liabilities, costs,
expenses, damages and losses (including any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest, penalties and
legal costs (calculated on a full indemnity basis) and all other reasonable
professional costs and expenses) suffered or incurred by the Owner
arising out of, or in connection with any failure by the Customer to comply
with these
Terms and Conditions.
14.WEATHER
14.1The
Equipment must not be used or operated during rainy weather. Electrics,
including blowers, must be kept dry.
14.2The
Owner will provide a waterproof tarp to use to cover certain inflatable
equipment in such an event. If the Customer does not use the tarp and the Equipment
becomes wet, the Customer will be charged a “Drying Fee”, the value of which
depends on the type and size of Equipment.
15.EQUIPMENT BREAKDOWN AND WARRANTY
15.1The
Owner warrants that the Equipment shall substantially conform to its specification
(as made available by the Owner), be of satisfactory quality and fit for any
purpose held out by the Owner. The Owner shall use all reasonable endeavours to
remedy, free of charge, any Material Defect in the Equipment which manifests
itself on Delivery Date, provided that:
(a)the
Customer notifies the Owner of any defect upon Delivery or installation of the
Equipment of the defect occurring;
(b)the
Owner is permitted to make a full examination of the alleged defect;
(c)the
defect did not materialise as a result of misuse, neglect, alteration,
mishandling or unauthorised manipulation by any person other than the Owner's
authorised personnel;
(d)the
defect did not arise out of any information, design or any other assistance
supplied or furnished by the Customer or on its behalf; and
(e)the
defect is directly attributable to defective material, workmanship or design.
15.2Insofar
as the Equipment comprises or contains equipment or components which were not
manufactured or produced by the Owner, the Customer shall be entitled only to
such warranty or other benefit as the Owner has received from the manufacturer.
15.3If
the Owner fails to remedy any Material Defect in the Equipment in accordance
with 15.1, the Owner shall, at the Customer's request, accept the return of
part or all of the Equipment and make an appropriate pro rata reduction to the
Rental Payments payable during the remaining term of the Rental Period.
This pro rata refund is limited to the time that the specific Equipment is
inoperable.
15.4In
the event that the Equipment experiences a breakdown after Delivery and
installation due to any defect, the Owner’s liability will be limited to the
cost of repair, including parts and labour, to return the Equipment to full
working order. The Owner may, at its sole discretion, provide a pro rata refund
of any Rental Payment made in relation to the Equipment.
15.5All
Equipment breakdowns must be reported to the Owner as soon as possibly by the
Customer via a phone call.
15.6The
defective Equipment should not be operated unless the Owner has advised that it
is safe to do so.
16.LIABILITY
16.1Without
prejudice to clause 16.2, the Owner’s maximum aggregate liability for breach of
the Terms and Conditions (including any liability for the acts or omissions of
its employees, agents and subcontractors), whether arising in contract, delict
(including negligence), misrepresentation or otherwise, shall in no
circumstances exceed the cost of fulfilling its obligation under clause 15.4.
16.2Nothing
in these Terms and Conditions limits any liability which cannot legally be
limited including liability for:
(a)death
or personal injury caused by negligence;
(b)fraud
or fraudulent misrepresentation;
(c)any
matter in respect of which it would be unlawful for the parties to exclude or
restrict liability.
16.3The
Owner shall not be liable under these Terms and Conditions for any:
(a)loss
of profits;
(b)loss
of sales or business;
(c)loss
of agreements or contracts;
and
(d)indirect
or consequential loss,
in each case, however caused,
even if foreseeable.
16.4Subject
to clause 16.2, all implied Terms and Conditions as to the quality or
performance of the Equipment and any other goods or services provided under these
Terms and Conditions are, to the fullest extent permitted by law, excluded from
this agreement.
17.ADDITIONAL
CHARGES
17.1In
addition to the Booking Fee and Rental Payment(s) required, the Owner has the
right to apply additional charges where required:
(a)as
per clause 6.3, if the Customer cancels the Booking within 48 hours of the
Delivery Date, the Customer must pay to the Owner a cancellation fee of 30% of
the Rental Payment;
(b)as
per clause 9.3., if the Equipment is returned in a dirty state, the Customer
must pay to the Owner a cleaning charge or pay for any damages. Alcohol-related
damages are charged at double the price;
(c)as
per clause 14.2, if the Equipment is returned to the Owner wet, the Customer
must pay a Drying Fee;
(d)for
loss of damage to the Equipment as a result of any failure by the Customer to
comply with these Terms and Conditions;
(e)if
the Equipment is damaged and it can be repaired, for loss of rental income
during the period the Equipment is being repaired, provided such additional
charges shall cease when the Equipment is returned to full working order;
(f)if
the Equipment is damaged and cannot be repaired or the Equipment is lost or
stolen, for loss of rental income during the period from the date the Equipment
is damaged, lost or stolen to the date the Owner receives an amount equal to
full replacement value of the Equipment;
(g)for
the Owner’s packaging materials if such materials are not returned to the Owner
at the end of the Rental Period or on earlier termination of the Rental
Agreement.
17.2The
Owner shall invoice the Customer for any Additional Charges and VAT (and any
other applicable taxes) shall be applied to any Additional Charges.
18.TERMINATION
18.1Without
affecting any other right or remedy available to it, the Owner may terminate the
Rental Agreement with immediate effect if:
(a)the
Customer fails to pay any amount due under the Rental Agreement on the due date
for payment;
(b)the
Customer commits a material breach of any Terms and Conditions which breach is
irremediable or (if such breach is remediable) fails to remedy that breach immediately after
being notified to do so;
(c)pursuant
to the Equality Act 2010, the Owner reasonably believes that the Customer is
displaying rowdy or disruptive behaviour, posing a threat to the health and
safety of others, or under the influence of alcohol and drugs;
(d)the
Customer suspends, or threatens to suspend, payment of its debts or is unable
to pay its debts as they fall due or admits inability to pay its debts or
(being a company or limited liability partnership) is deemed unable to pay its
debts within the meaning of section 123 of the Insolvency Act 1986 or (being a partnership) has any
partner to whom any of the foregoing apply;
(e)the
Customer commences negotiations with all or any class of its creditors with a
view to rescheduling any of its debts, or makes a proposal for or enters into
any compromise or arrangement with its creditors;
(f)a
petition is filed, a notice is given, a resolution is passed, or an order is
made, for or in connection with the winding up of the Customer (being a company,
limited liability partnership or partnership);
(g)an
application is made to court, or an order is made, for the appointment of an
administrator, or a notice of intention to appoint an administrator is given or
an administrator is appointed, over the Customer (being a company);
(h)the
holder of a qualifying floating charge over the assets of the Customer (being a
company) has become entitled to appoint or has appointed an administrative
receiver;
(i)a
person becomes entitled to appoint a receiver over all or any of the assets of
the Customer or a receiver is appointed over all or any of the assets of the Customer;
(j)the
Customer's financial position deteriorates so far as to reasonably justify the
opinion that its ability to give effect to these Terms and Conditions is in jeopardy;
(k)the
Customer suspends or ceases, or threatens to suspend or cease, carrying on all
or a substantial part of its business.
18.2For
the purposes of clause 18.1(b), material
breach means a breach
(including an anticipatory breach) that is serious in the widest sense of
having a serious effect on the benefit which the Owner would otherwise derive
from:
(a)a
substantial portion of the Rental Agreement; or
(b)any
of the obligations set out in clause 12;
18.3In
deciding whether any breach is material no regard shall be had to whether it
occurs by some accident, mishap, mistake or misunderstanding.
18.4This
Rental Agreement shall automatically terminate if a Total Loss occurs in
relation to the Equipment.
19.CONSEQUENCES OF TERMINATION OR
EXPIRY
19.1On
expiry or termination of this Rental Agreement, however caused:
(a)the
Owner's consent to the Customer's possession of the Equipment shall terminate;
(b)the
Owner may, by its authorised representatives, without notice and at the Customer's
expense, retake possession of the Equipment and for this purpose may enter the
Site or any premises at which the Equipment is located; and
(c)without
prejudice to any other rights or remedies of the Customer, the Customer shall
pay to the Owner on demand:
(i)all
Rental Payments and other sums due but unpaid at the date of such demand
together with any interest accrued pursuant to clause 5.4; and
(ii)any
costs and expenses incurred by the Owner in recovering the Equipment or in
collecting any sums due under the Rental Agreement (including any storage,
insurance, repair, transport, legal and remarketing costs).
19.2On
termination of this Rental Agreement pursuant to clause 18.1,
the Customer shall pay to the Owner on demand a sum equal to the whole of the
Rental Payments that would (but for the termination) have been payable if the Rental
Agreement had continued from the date of such demand to the end of the Rental
Period.
19.3Termination
or expiry of this Rental Agreement shall not affect any rights, remedies,
obligations or liabilities of the parties that have accrued up to the date of
termination or expiry, including the right to claim damages in respect of any
breach of these Terms and Conditions which existed at or before the date of
termination or expiry.
20.GENERAL
20.1Any
variation to these Terms and Conditions shall be inapplicable unless agreed in
writing by the Owner.
20.2The
Owner reserves the right to make changes to these Terms and Conditions as it
deems fit based on business needs. The Owner will make reasonable efforts to
notify the Customer of any such changes.
20.3Nothing
in these Terms and Conditions shall prejudice any condition or warranty,
express or implied, or any legal remedy to which the Owner may be entitled in
relation to the Goods and Services, by virtue of any statute, law or
regulation.
21.WAIVER
22.A waiver of any right or remedy
under the Contract or law is only effective if given in writing and shall not
be deemed a waiver of any subsequent breach or default. No failure or delay by
a party to exercise any right or remedy provided under the Contract or by law
shall constitute a waiver of that or any other right or remedy, nor shall it
prevent or restrict the further exercise of that or any other right or remedy.
No single or partial exercise of such right or remedy shall prevent or restrict
the further exercise of that or any other right or remedy.
23.FORCE MAJEURE
Neither party
shall be in breach of these terms or conditions nor liable for delay in
performing, or failure to perform, any of its obligations under these Terms and
Conditions if such delay or failure results from events, circumstances or
causes beyond its reasonable control. In such circumstances, the time for
performance shall be extended by a period equivalent to the period during which
performance of the obligation has been delayed or failed to be performed or the
Booking shall be rescheduled or cancelled.
24.ASSIGNMENT AND OTHER DEALINGS
The Rental
Agreement and these Terms and Conditions are personal to the parties and
neither party shall assign, transfer, mortgage, charge, subcontract, delegate,
declare a trust over or deal in any other manner with any of its rights and
obligations under these Terms and Conditions.
25.THIRD PARTY RIGHTS
Unless it expressly states otherwise, these
Terms and Conditions do not give rise to any rights under the Contracts (Rights
of Third Parties) Act 1999 to enforce any term.
26.SEVERENCE
26.1If
any provision or part-provision of these Terms and Conditions is or becomes
invalid, illegal or unenforceable, it shall be deemed deleted, but that shall
not affect the validity and enforceability of the rest of these Terms and
Conditions.
26.2If
any provision or part-provision of these Terms and Conditions is deemed deleted
under clause 26.1,the parties shall
negotiate in good faith to agree a replacement provision that, to the greatest
extent possible, achieves the intended commercial result of the original
provision.
27.GOVERNING LAW
The Terms and
Conditions and any dispute or claim (including non-contractual disputes or
claims) arising out of or in connection with it or its subject matter or
formation shall be governed by and construed in accordance with the law of
England and Wales.
Schedule 1Safety Instructions
1)The Equipment and anyone using the Equipment must be
supervised at all times by at least one responsible and competent adult.
2)The Equipment has an age limit of 10 years. Failure
to observe the limit at any time during the Rental Period will render the
Customer liable for associated repair costs.
3)Read any relevant operating and safety information
that is supplied with the Equipment.
4)Inflatable Equipment such as the bouncy castle must
not be used during rainy weather as per clause 14. If such Equipment is
returned to the Owner wet, a relevant Drying Fee will be charged.
5)All electricals must be covered during rainy
weather.
6)Bouncy castles must not be overcrowded. Advice can
be found on the bouncy castle steps. The Customer must ensure that older
children and younger children do not use the bouncy castle at the same time.
Adults and animals are not allowed.
7)Air vents on blowers must be kept clear of
obstruction/blockage to ensure good air flow.
8)The inflation tube must not be kinked or obstructed.
9)Anyone wearing shoes, spectacles, sharp objects, key
rings, studded clothing or any similar items that could cause damage to others
or the equipment cannot be allowed onto the Equipment.
10)No food or drinks can be taken onto or consumed on
the Equipment to avoid choking during play or spillage causing slipping hazards
or damage to Equipment.
11)No party poppers, coloured streamers or silly
strings can be taken, thrown or sprayed onto the Equipment. These materials can
permanently stain the material and the Customer is liable for any damage
arising from breach of this term.
12)Wipe down wet Equipment before use to avoid slipping
hazards.
13)Do not use outdoor cooking stoves or outdoor heating
near any Equipment.
14)Do not smoke near any Equipment.
15)Do not allow reckless or boisterous behaviour near
any Equipment.
16)Ensure that no one is on the Equipment during
inflation and deflation.
17)Defective Equipment must not be operated for safety
purposes unless advised otherwise by the Owner.
DISCLAIMER/NOTICE OF RISK
Use of the hire
equipment can involve risk of injury. By choosing to use the equipment, you do
so at your own risk. Please ensure that you follow all safety guidelines. The
Party People Midlands Limited will not be responsible for any damage or injury
arising from improper or negligent use of the hire equipment.
I agree to the Terms
and Conditions above for the equipment hire set out by The Party People.
Name ……………………..
Signature ……………………..
Date ……………………..
(If you are
received this document via email, please reply directly to the email, stating
whether if you accept these terms or not.)

HIRE AGREEMENT & SAFETY
INSTRUCTIONS
It is the responsibility of the
person who is hiring this Equipment to ensure that all
possible steps are taken to avoid injury
or damage to the Inflatable.
Please ensure that the following Safety Instructions are followed:
·Inflatable Equipment will be fully secured to the
ground at all times during use as per the manufacturers’ recommendations.
·Ensure that the area around the unit is completely
clear at all time.
·Do not allow anyone on the Equipment during inflation
or deflation.
·A responsible Adult (17+) must supervise the
Inflatable at all times when in use.
·Do not allow Children & Adults on the Inflatable
at the same time unless for the sole purpose of assisting a child.
·Please ensure that participants are not attempting
somersaults and are clothed appropriately with nothing in their pockets.
·Climbing, hanging or sitting on walls is DANGEROUS and
must not be allowed.
·Avoid large and small Children from using it at the
same time.
·No food, drinks or chewing gum to be allowed on the
Inflatable.
·All shoes, glasses, jewelry, badges MUST be removed
before using the Inflatable.
·No smoking or barbeques near or within an unsafe
distance of the Inflatable.
·Always ensure that the Inflatable is not overcrowded,
and limit numbers according to the age and size of Children using it.
·Always ensure Children are not pushing, colliding,
fighting or behaving in a manner likely to injure or cause distress to others.
·No pets, toys or sharp instruments are allowed on the
Inflatable.
·Do not allow anyone to bounce on the front safety
step.
·Ensure that no-one with a history of back or neck
problems or any medical condition which could reasonably be aggravated by using
the equipment is allowed on the Inflatable.
·Do not allow children around the back of the
Inflatable unsupervised
·The Inflatable should not be used if it becomes wet on
the jumping area or in the event of rain, the unit should not be used.
·In the event that the blower stops working, please ensure
all users get off the inflatable immediately.
·No person or persons under the influence of alcohol
and/or prescribed and/or non prescribed drugs and/or any other intoxicating
substance will use or supervise the Equipment.
IF YOU ARE UNSURE OF ANYTHING, PLEASE CONTACT US.
CLEANING CHARGE
As mentioned in the terms
and conditions, a cleaning charge may be applied if the equipment has food,
drink, footprints or any dirty marks on it. This STARTS AT £50+depending
on the piece(s) of equipment damaged.
There is no charge if all
equipment is clean at collection.
Signature: …………………….
BANNED ITEMS.
NO FACE PAINTS, NO SHOES, NAIL POLISH, NO GLITTER, NO SILLY
STRING, NO FOOD OR DRINK, NO SHARP OBJECTS ON OR NEAR ANY EQUIPMENT. THESE ITEMS CAN RUIN EQUIPMENT. DO NOT BRING
ON OR NEAR EQUIPMENT OR YOU WILL BE CHARGED STARTING FROM £50+
Signature: …………………….
DISCLAIMER - Please note that all persons using this Inflatable do so
at their own risk.
The person/s or organisation hiring this Inflatable equipment will be
responsible/liable for any damage or injury occurring from or as a result of
misuse or reckless use.
These guidelines are for the safety of all people using this equipment,
and it is the sole responsibility of the hirer to ensure they are fully adhered
to at all times.
We cannot accept any responsibility for any injury caused to anyone
using this equipment.
I have read the above agreement and fully understand and accept the
conditions as above.
I am aware that whilst in my care I am fully responsible for the
Equipment and will pay for any loss or damage that may occur.
I HEREBY AGREE TO ABIDE BY THE TERMS AND CONDITIONS LISTED ABOVE
HIRE DATE & TIME ____________________________
SIGNED______________________________________
NAME IN FULL_____________________________________________
Date:
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Time:
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Customer Name:
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HIRE CHECKLIST
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Yes
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No
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Setup area clear of debris and/or sharp
objects.
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Inflatable(s) are stable and on level
ground.
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Inflatable(s) have been suitably anchored
to the ground.
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Blower(s) are securely attached & a
safe distance from the equipment.
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Electrical cords are in good working order.
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There are no visible tears, rips or seams
to the inflatable.
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Equipment left fully inflated and in
working order.
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Hire agreement & safety instructions
signed by customer
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Items hired by customer.
____________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Any Damage/Marks/scuffs/Rips on any equipment at the start of the hire period_________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
I/We hereby
confirm that I/we have received the requested equipment for hire from The
Party People.
I/We promise to
pay to The Party People the remaining sum of rental payment in
accordance with the terms and conditions.
Customer SIGNED_____________________________ Customer NAME IN FULL_________________________________
Remaining balance____________________________
Hirer SIGNED_________________________________ Hirer NAME IN FULL _____________________________________
Hirer POSITION _______________________________
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Booking Deposit
Deposits: We require a £25 non refundable booking deposit to secure your picked items and equipment for your chosen date. We also require a £35 cash cleaning deposit on delivery. This will be kept safe until we come to collect your party. Providing all of our equipment is as clean as we provided it, we will more than happily hand this back to you. it is incredibly easy to avoid a cleaning charge, please take a look at our banned items list and also our safety rules and guidelines given to you on delivery.
Cleaning deposit
Since May 2023 we have implemented a 3 tier cleaning charge and mandatory cleaning deposit. Please make sure you have £35 cash ready on delivery of your party. Any other form of payment will not be refunded.
Level 1. £35, taken as a deposit on delivery of your party and will be kept if on collection of your party any of the following occurs: loose ball pit balls out of the ball pit, soft play shapes not on the mats. Any equipment out of original set up area, Food and drink (crumbs, Sticky juice marks), Wet Insides of Bouncy Castle ( All Inflatables should be deflated and covered in rain, a cover will be provided.), Grass and muddy footprints.
Level 2. £60, Includes Heavy food soiling (Crumbs, crusts, sticky marks, spills, spills stains/marks), Face paint, Silly String, mud.
Level 3. Full hire price. If we feel the equipment is too heavily soiled it cannot be used for the next session/day the full hire price will be charged.
This is charged at our discretion and will be implemented when necessary.
HOW TO NOT GET CHARGED: This bit is very simple, if you follow our rules and safety guidelines the chance of the equipment getting dirty and you being charged is minimal. (A good tip is to set out tables and chairs if you plan on having party food as otherwise food will get EVERYWHERE! Also keep an eye on shoes on equipment, INCLUDING ADULTS!)
If the hired equipment is not soiled to any of the above extents upon collection, the full cleaning deposit will be retuned to the customer.
Full terms and conditions