HIRE AGREEMENT TERMS
A non-refundable deposit and an authorized signature on your contract will reserve your activities and date. The full balance is due seven working days prior to the event. We reserve the right to set appropriate rules of conduct and age/weight/time limits in order to best facilitate your event and maintain a safe environment. If outside on bitumen or if we are unable to peg into the ground, you will incur a cost of $50 per inflatable at your event for the charge of weights. Event details must be confirmed by Tuesday 4pm the week prior to your event. Any changes/updates made after this time may incur a fee.
CANCELLATIONS OF EVENT – COVID
We strictly have a NO REFUND policy due to COVID “concerns”, We will only accept cancellations if a formal government restriction is in place for gatherings. In the case of a government change of policy prior to your event, a refund would be considered case per case by Management. We highly recommend postponing your event if you have concerns or if gathering limits are too low. We will credit note all monies paid for up to six months unless otherwise agreed upon with Management.
COVID – 19 RESPONSIBILITIES OF CUSTOMER
Monsterball will provide the necessary disinfectant sprays for our equipment, and some hand sanitiser onsite (mostly for staff use) however it is the responsibility of the customer to provide the necessary hand sanitisation stations at their event, and sign in sheets to record patron details in case a Covid-19 incident occurs onsite. If gatherings are limited to a certain amount of patrons, (e.g 150) it is the responsibility of the event host to organise sessions for the number of people allowed. We would appreciate the customer working with us during these uncertain times. Monsterball Amusements is happy to provide CovidSAFE plan to all customers upon request.
SITE INSPECTIONS AND INDUCTIONS
Site inspections can be arranged by calling 08 9335 5109, there is no charge for this within a 30km radius of Fremantle, fees will apply for sites further than 30kms, however it is subject to availability of Management around meetings and bookings. Please call the office for details. If you require our staff to undergo a site induction specific to your venue, you will incur a minimum fee of $45, per staff member paid for their time.
Our pricing is based on delivering equipment to venues that have flat level access. A minimum of 1.2m FLAT access is required into the set up area. If the venue has stairs or difficult access, there may be an additional set-up charge or extra staff fee to ensure we can set up on time. You will need to advise if your venue does not have flat level access as we are not held liable and do not refund if your access does not comply with our requirements.
PERMITS AND SITE AUTHORIZATIONS
The client is responsible for ensuring you have the correct authorizations to use the site you have booked for your event (includes food permits). Councils and Public Land authorities will require you to submit applications for the site. They may request, as the providers of services for your event that we provide copies of documents requested. You must make any document requests from us at least 7 days before your event. These are not able to be supplied on the day of your event. There may be a charge or for providing this information if it is a lengthy, time-consuming process. Document requests are not included in our hire fees and are subject to additional administrative charges.
EARLY SET-UP/LATE REMOVAL
If an early set-up or a late removal is required then an additional fee will apply. There may be some occasions due to our operational constraints that we need to bump in early or are unable to bump out immediately after your event, Bump in and/or bump out could occur up to 6 hours before or after your event, We apologise for any inconvenience this may cause you. We are unable to compensate you for this time.
The client is responsible for ensuring the items booked will fit in the space required. This includes the transport of the gear to the setup area. Client must ensure the gear will fit in lifts, through corridors and corners as well as in the setup area. We are unable to refund if the gear is not able to be transported to the setup site.
Every effort will be made to have the equipment you have booked in available for the day of your event. In the unlikely circumstance of the equipment being deemed inoperable due to damage, maintenance requirements or other unforeseeable circumstances, Monsterball Amusements and Hire reserves the right to provide an alternate piece of equipment to the equipment booked in order to successfully fulfil your booking
BUMP IN & BUMP OUT
All care will be taken not to damage the venue or setup area at the time of setup and pack up by Monsterball Amusements and Hire its staff, agents and contractors. In the event of damage to the venue and or setup area you agree that you will not pursue Monsterball Amusements and Hire, its staff, agents or contractors for any damage costs to the venue or setup area. This includes any items that may cause damage before, during or after the event. It is the organisers responsibility to check the site after pack up for any items left on site that may cause damage or injury. These items should be safely secured and Monsterball Amusements and Hire is to be advised immediately. Early bump in or late bump out will incur additional charges.
Monsterball Amusements does not allow Colour Run powders and paints to be used on our equipment due to the damages and stains it makes. Should you withhold this information and we find out it is a Colour Run during pack down, we will charge you a cleaning fee. This fee will be a per staff, per hour rate and will be invoiced to you at final completion of the cleaning with the amount of hours it takes to remove this staining. If you are to have equipment dropped off for a Private Hire, and the equipment is not in the state we have set up in (Alcohol Stains, Faeces, Food, Shoe Marks, etc), a cleaning fee will be charged to you at a minimum of $150.
DAMAGE OR LOSS
The Hirer will maintain at its own expense all appropriate policies of insurance:
a) The Hirer will be charged for any repair or replacement of damaged equipment.
b) The Hire Period will continue until any damaged equipment is replaced or repaired to a hireable condition
c) The Hirer is responsible for any loss of equipment and / or equipment ancillaries.
d) for loss of or theft of the equipment hired in an amount not less than the replacement cost
e) for loss of business or perishable goods as a result of damage to or breakdown of equipment hired
f) for liability, property and casualty insurance coverage in amounts necessary to protect the Owner and its staff and agents and its equipment against all claims or loss whatsoever
HIRE BASIS FOR DRY HIRES
Hire period specified per individual hire contract/invoice. Late returns will incur a fee. If the late return affects other hire bookings, further charges may occur. On termination, the Hirer must immediately make the goods available for collection. If the Hirer does not, Monsterball Amusements and Hire is entitled to enter any land and or premises of the Hirer where the goods are suspected to be to repossess the goods. Monsterball Amusements and Hire will not be liable for any damage caused and the Hirer must indemnify Monsterball Amusements from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising. Monsterball Amusements will set up the equipment according to WorkSafe standards, and will discuss with volunteer onsite how to use and supervising the item, however as Monsterball is not present onsite during this dry hire, we cannot be held liable for any injuries that may occur onsite due to negligence, bad behaviour, accidents as we have already explained all rules onsite to volunteer.
- Monsterball Amusements & Hire is not liable for any personal injury, loss of life and/or damage or loss of property sustained by the Hirer or the Hirer’s guests and invitees in connection with the use of the Equipment which is hired by the Hirer unless the personal injury, loss of life and/or damage or loss of property is the result of a malfunction or a defect in the Equipment.
- The Hirer acknowledges that there are ordinary inherent hazards associated with the use of the Equipment and that the responsibility and liability for those hazards rest with the Hirer. Inherent hazards include, but are not limited to:
- Physical hazards where Equipment is used by multiple users at the same time where collisions between those users are possible;
- Wind hazards that affect the stability and affixation of the Equipment;
- Height hazards where users are elevated on the structure of the Equipment above ground level;
- Slip hazards where the surface of the Equipment becomes slippery because of water or other fluids;
- Friction hazards where the surface of the Equipment comes into contact with exposed skin and flesh;
- Burn hazards from motors, generators and blowers operating the Equipment;
- Burn hazards where the surfaces of the Equipment become heated by reason of exposure to daylight;
- Heat hazards where the users of the Equipment wear items which prevent their bodies from dissipating heat naturally;
- Water hazards where the Equipment includes a body of contained water which users are exposed to either topically or by submersion, which poses a risk of drowning or exposure of clothes and property to moisture;
- Cold hazards where the users of Equipment are submerged or exposed to water or other fluids which poses a risk of lowering the user’s body temperature.
- The Hirer acknowledges that Monsterball Amusements & Hire is not liable for and releases Monsterball Amusements & Hire for liability for any personal injury, loss of life and/or damage or loss of property sustained by the Hirer or the Hirer’s guests and invitees which arise where the Hirer has:
- Failed to observe the Conditions of Use of the Equipment and any Operation Safety Information that Monsterball Amusements & Hire supplies to the Hirer;
- Failed to provide adequate adult supervision;
- Used the Equipment in any manner which is not fit for the purposes of the Equipment unless that purpose has been disclosed to Monsterball Amusements & Hire in writing not less than 5 business days before the date of the Hire and has been approved in writing by Monsterball Amusements & Hire, or where a malfunction or defect in the Equipment has occurred by reason of the above.
- The Hirer agrees to indemnify and keep Monsterball Amusements & Hire indemnified against all loss and damage (including legal costs) that Monsterball Amusements & Hire suffers by reason of claims made by the Hirer or any third party in connection with personal injury, loss of life and/or damage or loss of property that is not the result of a malfunction or a defect in the Equipment.
The booking is confirmed when the contract has been signed. Therefore 50% of the amount will still be due even in case of a cancellation.
CANCELLATION OF THE EVENT
Cancellations within 6 weeks of the event time that are unable to be rescheduled, will incur the loss of the deposit amount (50% of the total invoice). That amount can be used as credit to a future event rescheduled within six months from the cancellation date, subject to availability. Cancellations made within 7 days of the event or scheduled delivery time will forfeit the entire Invoiced amount.
CANCELLATION OF THE EVENT (Extreme Weather, Heat/Rain)
This Hire Agreement, after signing, is a legal and binding contract. To cancel or reschedule, sufficient notice must be given – at least 24 hours prior to start of your event. Cancellation of event forfeits entire deposit. Cancellation after set-up has begun forfeits any refund of full payment made. Postponement of event within the cancellation period entitles you to use all or part of your deposit towards a timely rescheduled event at our discretion. We can offer a full credit note to be used within six months of the date of your event being postponed. Any rescheduled event is subject to availability of activities at the time of notification of postponement.
INSURANCE, LIABILITY AND RESPONSIBILITY
Monsterball Amusements are insured for $20 million of public liability. Our insurance and responsibility extends to the limit of this policy only, it does not assume cover, responsibility for or in any way guarantee your event. Hirers should seek their own cover and assume their own responsibility for the event. If staff from Monsterball Amusements are hired with equipment, they are suitably trained and qualified to supervise the set-up, operational safety and pack-up of the equipment only. It is the hirers responsibility to address all event OH&S matters.
PUBLIC LIABILITY INSURANCE EXCLUSION
Our Public Liability policy excludes Adult Use Of Inflatable Devices/Rides Exclusion. Our Public Liability policy excludes liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the use of Inflatable devices by adults, other than in a supervisory role.
Mechanical Bull Condition. Our Public Liability Insurance Policy stipulates a supervisor from Monsterball Amusements to be in attendance during the hire time. You are using this at your own risk and Monsterball Amusements & Hire are not liable for any injuries that may be sustained.
Our Public Liability Insurance Policy excludes liability arising out of inflatable that uses water or has water based activities at public events only and dry hire of wet slides/inflatable obstacles.
Alcohol & Drugs Exclusion Our Public Liability Insurance Policy excludes liability arising directly or indirectly out of Personal Injury or Property Damage caused by or as a result of the consumption of alcohol or the consumption or injection of drugs or narcotics by any person.
IMPORTANT: BEFORE PROCEEDING WITH YOUR BOOKING YOU ARE CONFIRMING THAT:
1. YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE BELOW IMPORTANT RISK WARNINGS AND WAIVER, AND
2. YOU HAVE PRINTED AND SIGNED THIS FORM, IN THE PRESENCE OF A WITNESS WHO IS OVER THE AGE OF 18. PLEASE RETAIN A COPY OF YOUR ORIGINAL SIGNED FORM IN A SAFE PLACE, AS THIS MUST BE PROVIDED TO MONSTERBALL AMUSEMENTS & HIRE HIRE’S INSTALLER ON THE DAY OF HIRE.
THIS RISK WARNING AND WAIVER FORM IS A FUNDAMENTAL PART OF YOUR CONTRACT WITH MONSTERBALL AMUSEMENTS & HIRE. THERE ARE SPECIFIC IMPORTANT LAWS WHICH APPLY TO THE SUPPLY OF RECREATIONAL SERVICES IN WESTERN AUSTRALIA. THESE LAWS MAY HAVE THE AFFECT OF RESTRICTING, EXCLUDING OR MODIFYING YOUR LEGAL RIGHTS.
IT IS IMPORTANT THAT YOU CAREFULLY READ, UNDERSTAND AND AGREE TO THE BELOW EXCLUSIONS AND RESTRICTIONS, AS IT IS ONLY ON THE BASIS THAT YOU ARE WILLING TO ACKNOWLEDGE AND ACCEPT THESE THAT MONSTERBALL AMUSEMENTS & HIRE ARE HAPPY AND WILLING TO SUPPLY RECREATIONAL SERVICES HIRE DEVICES TO YOU. IF YOU DO NOT SIGN THIS FORM, AS OUTLINED IN THE RELEVANT LEGISLATION BELOW, MONSTERBALL AMUSEMENTS & HIRE ARE PERMITTED NOT TO SUPPLY RECREATIONAL SERVICES TO YOU, AND WILL NOT BE ABLE TO SUPPLY SERVICES TO YOU.
RISK WARNING AND WAIVER
In accordance with S 139A of the Competition and Consumer Act 2010 (Cth) “recreational services” are services that consist of participation in a sporting activity or a similar leisure time pursuit; or any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure. There are several important laws relating to the supply of recreational services. It is important that you read and understand the affect of these laws as you are entering into a contract of hire for the provision of recreational services equipment with Monsterball Amusements & Hire. There are certain laws governing civil liability and also special exceptions allowing suppliers of recreational services to exclude liability for personal injury or death. These exist, inter alia, because it is widely recognised that engaging in physical, leisure or sporting activities, which includes the use of Monsterball Amusements & Hire’s Amusement hire devices, involves a significant degree of risk. Under Division 4, sections 5E-5J and Division 6 sections 5M-5P of the Civil Liability Act 2002 (WA), entitled “Recreational activities” and “Assumption of Risk” you should carefully note the following;
- A person is not liable in negligence for harm suffered by another person as a result of the materialisation of inherent risk or obvious risks of a dangerous recreational activity.
- There is no proactive duty to warn of ‘obvious risks’, being risks which an ordinary person in your position would reasonably be aware are risks of engaging in the activity,
- Obvious risks include risks of the activity, despite the fact that they may have a low probability of occurring, and
- Injured persons will be presumed to have been aware of obvious risks In addition, section 5J specifically permits recreational services to exclude contractual liability for dangerous recreational activities as follows;
- Despite any written law or other law of the State, a term of a contract for the supply of recreational services may exclude, restrict or modify any liability that results from the breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
RISK WARNING AND LIABILITY WAIVER
A term of a contract for the supply of recreational services that is to the effect that a person to whom recreational services are supplied under the contract engages in any recreational activity concerned at his or her own risk operates to exclude any liability to which this Division applies that results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Notwithstanding that there is no proactive duty to warn of obvious risks, Monsterball Amusements & Hire are committed to safety and want to expressly take the time to bring your attention to the fact that using amusement devices, including inflatable amusement devices, carries several important real risks. While we will provide comprehensive safe operation information, safety rules and also an on the ground safety training with you on the day of hire, it is important that you understand that due to the activity you are undertaking there remain a number of risks, including but not limited to;
• Risk of injury or death by colliding with others, the ground or obstacles;
• Risk of injury or death by the propelled impact of a bouncing body which may land irregularly and or experience blood pressure, vertigo or other issues due to physical exertion
• The risk of cuts, lacerations, bruises, broken bones, sprains, strains, ligamentous injury etc and or allergic reactions when coming into physical contact at force with a pressurised PVC surface and or other interior and exterior surfaces of the amusement devices;
• Risk of dehydration, vomiting and other responses of the body to physical exertion
• Risk of injury or death by weather conditions including extreme wind, sun exposure and rain;
• Risk of injury or death from slipping or falling. Under the law, a supplier of recreational services or recreational activities may ask you to agree that statutory guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) does not apply to you (or a person for whom or on whose behalf you are acquiring the services). If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier, Monsterball Amusements & Hire, in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with these statutory guarantees (which are excluded, restricted or modified as set out below). You understand that Monsterball Amusements & Hire. You are assuming sole responsibility for these risks, and agree in accordance with the below standard form statutory waivers, to release, hold harmless and indemnify Monsterball Amusements & Hire for any and all liability for injury or death arising from your use or operation of the amusement hire devices, except to the extent and it has been proven in court, Monsterball’s negligence caused the injury, damage or death. By signing this form, you agree that the liability of Monsterball Amusements & Hire in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law and section 5E of the Civil Liability Act 2002 (WA) for any:
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c. the contraction, aggravation or acceleration of a disease;
d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to you or the community;
ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded
It is agreed and declared that any person signing on or behalf of the customer warrants his authority to do so.
The hirer shall use operate and possess the equipment at the hirer’s risk and the business shall not be liable to the hirer (except to the extent that liability cannot, by law, be excluded) for or in respect of any loss or damage whatsoever caused to the hirer or the directors, employees, contractors, subcontractors or agents of the hirer whether by way of personal injury, delay, financial loss or otherwise arising from or incidental to a breakdown or defect in or any accident to the equipment and here shall indemnify the business and its proprietors jointly and severally and keep them indemnified to the full extent permitted by law from and against all actions, proceedings, claims and demands by any person whatsoever whether in respect of damage to property, injury to persons or otherwise arising out of or alleged to arise out of a breakdown or defect or any accident to or in respect of the equipment or the use or operation thereof.
The hirer hereby indemnifies the business and its proprietors jointly and severally and keeps them indemnified from and against any such action, suit, proceeding or demand instituted or made against the business and resulting from or alleged to result from the operation or use of the equipment by or on behalf of the hirer
You are assuming sole responsibility for these risks, and agree in accordance with the below standard form statutory waivers, to release, hold harmless and indemnify Monsterball Amusements & Hire for any and all liability for injury or death arising from your use or operation of the amusement hire devices, except to the extent and it has been proven in court, Monsterball’s negligence caused the injury, damage or death.
$20 Million Public Liability Certificate
Customer recognises and understands that use of Monsterball’s equipment may involve inherently dangerous activities. Monsterball Amusements staff are trained to set up and operate all equipment, with safety of our patrons being our biggest concern. When Monsterball staff are not present onsite supervising, customer agrees to indemnify and hold Monsterball harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connect with or resulting from the use of said equipment including, but not limited to the delivery, possession, use, operator, or return of the equipment. Customer hereby releases and holds harmless Monsterball from injuries or damages incurred as a result of the use of said equipment, except to the extent and it has been proven in court, Monsterball’s negligence caused the injury, damage or death.
Monsterball cannot under any circumstances be held liable for injuries as a result of acts of nature, rough play, bad behaviour or other conditions beyond its control or knowledge. Customer also agrees to indemnify and hold harmless Monsterball from any loss, damage, theft of destruction of the equipment during the term of this contract and extension thereof. Customer is aware that Bubble Soccer and cliff jump are no longer inflatables that can be covered by our Public Liability Insurance. Monsterball is still happy to offer Bubble Soccer to our customers, however a waiver is to be filled in agreeing to a ‘Play at your own risk’ activity and Monsterball Amusements will not be liable for any injuries that may occur with this activity.
Frequently Asked Questions
We know hard it can be to organise an event. Here are some tips and answers to all the questions you might have in regards to hiring some of our amusements. Feel free to contact us for more info.