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Terms and Conditions

Hire Agreement and Disclaimer

The care and oversee of all items rented is the responsibility of the person in charge of the event, and person who has signed this agreement.
A staff member of Smarty Party will review the condition of all items rented / hired with the person in charge. Any destruction / damage caused by the hirer / renter will be the hirer / renter’s responsibility for repairs or replacement. We will advise you of how much repair costs are and you will need to pay for it at the time of repair or replacement. Signing this page will give Smarty Party permission to deduct any outstanding funds owing for hire, repair, replacement of item or items damaged, missing, taken, stolen, withheld, cleaning, or not returned in the same condition as hired out.
Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.

Mechanical Bucking Bull / Mechanical Surfboard, The hirer is responsible for all and any injuries caused with this equipment.
To the extent permitted by law Smarty Party disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment. The hire period is completed when the equipment has been returned to Smarty Party in the same condition as when it was hired on or by the date and time outlined in the Hire Agreement, or will be deemed completed on the date agreed for pick-up by Smarty Party. Where pick-up is agreed Smarty Party will arrange to pick-up the equipment within a reasonable period after a request to do so. The Hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick-up. If the Hirer breaches any term,  becomes bankrupt (individual) or insolvent (corporation) Then Smarty Party may, without prejudice to any other remedy available to it: require immediate payment of all owed by the Hirer to Smarty Party; charge the customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) until the date of payment in full; charge the Hirer for all costs and expenses (including without limitation all legal costs and expenses) incurred by  Smarty Party by enforcing compliance with the terms or recovering the goods; charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods; charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced; claim damages from Hirer for breach of the Hire Contract; and/or cease or suspend supply of any further goods to the Hirer. Delivery time is based on good traffic.

Any persons / organizations hiring from Smarty Party are responsible / liable for any damage or injuries occurring from or as a result of misuse or reckless use. Persons using (Smarty Party)  equipment do so at their own risk.
Smarty Party cannot accept responsibility for any damage or injury to anyone using the equipment however caused. The equipment hired is not covered by insurance for fire, theft, burglary or accidental damage, and as such the responsibility for loss or damage of the equipment lies with you, the client.
If  hired equipment is damaged, destroyed or confiscated due to irresponsible behavior or otherwise, the client will be liable for the cost of repair or replacement as well as costs associated with the loss of income due to the unavailability of the equipment.
Smarty Party is not responsible for any inconvenience, damage or injury sustained when using equipment hired from us.

Cancellation Fee is 100 percent of the total hire fee if cancelled within 14 DAYS of the hire date
All Deposits are non refundable
Mechanical Rides are to be paid in full 14 days before the event.

If the weather on the day is too dangerous we would contact you and advise not to go ahead and there is no loss of any funds or deposit.
We do not give money back after we have setup or event has finished, all issues are to be resolved on the day of hire, not after the event
Our equipment is the best there is on the market.

Jumping Castles
For your information, safety and enjoyment we recommend the following: Do not leave the ride unattended!
1. All of our castles have safety tags on the front of the castles with maximum weight or persons at any one time listed.
2. A responsible adult must supervise children at all times whilst on the jumping castle.
3. Please do not allow anyone on the inflatable whilst inflating/deflating.
4. Children are not allowed to climb, sit or hang on the inflatable walls.
5. Do not allow children to bounce on the front safety step. The safety step is to assist users in getting on/off safely.
6. Ensure the inflatable is not overcrowded. Limit the number of users to allow enough room for each child to play safely. Try to avoid small and large children using the inflatable at the same time.
7. All shoes, badges and jewellery must be removed. We also recommend spectacles be removed.
8. No food or drinks to be consumed whilst on the inflatable to avoid both mess and possibility of choking.
9. No face paints, party poppers, chewing gum, coloured streamers or silly string  are to be used whilst on jumping castle as these make a terrible mess and can also stain the inflatable for which you will be liable for payment to clean or repair or replace.
10. No smoking, fires or barbeques to be used near the inflatable.
11. No pets to be allowed on the inflatable.
12. It is advisable to ensure that no one with any history of back or neck problems use the inflatable.
13. In the event of heavy rain it is strongly recommended that the inflatable is switched off for safety reasons. When safe to re-use switch back on and towel dry any remaining wetness before allowing children back on.
14. Water fights are fun but do not spray water near the electric blower.
15. Occasionally check that the inflatable is still securely pegged down.
16. Never switch the blower on and off whilst the inflatable is in use.
17. If the inflatable fails for whatever reason, evacuate immediately to prevent injury.
18. Please remember if the castle is dirty or damaged when collected the hirer is liable for the full repair or cleaning costs.
19. No flips, somersaults or horseplay. The operator must strictly enforce the rules posted on the warning
sign. Under no circumstances should any person climb the walls.
20. Remove shoes, glasses, jewellery. Sharp objects are not allowed inside Inflatable.Stay off netting at all times. Keep toddlers from putting netting in mouth.
No persons over 100kg allowed inside Inflatable. Separate groups of children according to size and/or age.
No one is allowed in Inflatable while it is being inflated or deflated. In case of rain and/or lightning, have children exit inflatable and turn off motor. In case of accidental power outage to unit, have children exit inflatable then check for disconnection. Persons not following safety rules should be excused from play immediately.

PREPARATION: Jumping Castles
Please be sure to provide the required space needed for the unit you reserve and that it is not located
within 5 feet of any fixed structure.  Do not water your yard the day of the event. Be sure to check
that the area is free of branches, large rocks, pet waste and overhead wires or trees. We will use 12″-16″
yard stakes to secure your bouncer so be sure that sprinkler and/or electric lines do not run along
perimeter of set-up area. Smarty Party is not responsible for any damage when stakes are used (sand bags can be used instead – just be sure to mention this when reserving your jumping castle).
Set up can be on grass, asphalt, gravel, dirt or driveways – pretty much anywhere that is relatively
level. Ideal setup is grass. Other surfaces can be used, such as concrete or gravel, but may require
additional preparation and padding fee. We will not set up water slides in areas that are mostly dirt.

DELIVERY: Jumping Castles
We will be there in enough time prior to have your jumping castle set up before your event begins. However,
if you have not made sure that all preparations listed above are in order, this may delay your setup. i.e.
if rocks or pet waste need to be picked up, or we have to trouble shoot – ie no power to outlets.
If you are not present upon delivery, or balance of payment is not made, the driver might leave to
complete his route and if possible can return later for a small fee.  There will be a fee assessed as well for
waiting for your arrival if you are not present at time of delivery. This fee will be due along with your
balance prior to setup.

RENTERS RESPONSIBILITY:
The care and oversee of all items rented is the responsibility of the person in charge of the event.
A staff member of Smarty Party will review the condition of all items rented / hired with the person in
charge. Any destruction / damage caused by the hirer / renter will be the hirer / renter’s responsibility for repairs or replacement. We will advise you of how much repair costs are and you will need to pay for it at the time of repair or replacement.
A  fee will be charged for any missing parts to the games or equipment.
These guidelines are for the safety of all persons using the inflatable, and it is the sole responsibility of the hirer to ensure they are adhered to.

The required fees must be paid to Smarty Party prior to or on the commencement date of the hire period. Equipment not returned on time and in accordance with this agreement will be subject to a continuance of
the agreed rental until return is complete.

If through circumstances beyond the control of Smarty Party, Smarty Party is unable to provide the goods, then Smarty Party may make changes to the goods provided that the end performance is not materially prejudiced; or cancel any order.

The hirer is liable for the payment of the new list price of any equipment not returned to Smarty Party.
If there is a breakdown or failure of the equipment the hirer shall notify Smarty Party immediately for the appropriate action to be taken on 0403 568 846.

The hirer will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair, storage or transport of the equipment.
To the extent permitted by law Smarty Party disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment. The hire period is completed when the equipment has been returned to Smarty Party in the same condition as when it was hired on or by the date and time outlined in the Hire Agreement, or will be deemed completed on the date agreed for pick-up by Smarty Party. Where pick-up is agreed Smarty Party will arrange to pick-up the equipment within a reasonable period after a request to do so. The Hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick-up. If the Hirer breaches any term,  becomes bankrupt (individual) or insolvent (corporation) Then Smarty Party may, without prejudice to any other remedy available to it: require immediate payment of all owed by the Hirer to Smarty Party; charge the customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) until the date of payment in full;
charge the Hirer for all costs and expenses (including without limitation all legal costs and expenses) incurred by  Smarty Party by enforcing compliance with the terms or recovering the goods; charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods; charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced; claim damages from Hirer for breach of the Hire Contract; and/or cease or suspend supply of any further goods to the Hirer.

The Hirer agrees to ensure that any site specified on the Hire Agreement, will be clear of all obstructions to allow Smarty Party to erect, install or place the hire equipment, Any items or objects that are required, or requested by the hirer, to be moved, are done so without any liability to Smarty Party. Smarty Party accepts no liability to loss or financial penalty, if due to adverse weather conditions, equipment installation or collection is considered hazardous.

The hirer will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair, storage or transport of the equipment.

The hirer will assume all risks, Damages and liabilities including , Water, Heat, Ice, Smoke , Sound Vibrations ,Slips , Trips , Falls. Stains,

A  fee will be charged for any missing parts to the games or equipment.
These guidelines are for the safety of all persons using the inflatable and it is the sole responsibility of the hirer to ensure they are adhered to.

Liability to Third Parties:  Smarty Party will not be liable for any claim for personal injury, death, loss or damage to property howsoever caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Company.

Frustration:  Smarty Party shall not be responsible for any failure in the performance of any of its obligations under the Agreement caused by factors outside of its control, including but not restricted to, trade disputes, fire, Act of God, War , civil emergencies, failure, breakdown or restrictions on the use of transport, fuel or power.

If through circumstances beyond the control of Smarty Party, Smarty Party is unable to provide the goods, then Smarty Party may make changes to the goods provided that the end performance is not materially prejudiced; or cancel any order.
The hirer is liable for the payment of the new list price of any equipment not returned to Smarty Party.
If there is a breakdown or failure of the equipment the hirer shall notify Smarty Party immediately for the appropriate action to be taken on 0403 568 846

Mechanical Surfboard / Bull is to be operated by trained competent staff over the age of 18 years old Smarty Party is not responsible for any injury, Damage caused by Equipment.

No Drinks / Food inside the inflatable hired equipment, any mess, food, drinks, and vomit will incur a $200 cleaning fee.