IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH AFFECT YOUR LEGAL RIGHTS.

1. Definitions "Epic Inflatables" means Epic Inflatables Pty Ltd (ABN 92 634 101 367) trading as Epic Inflatables, Epic Hire Adelaide and Active Gaming, including its employees, agents and authorised independent contractors and subcontractors.

"Equipment" includes inflatables, amusement devices and equipment, arcade and electronic gaming equipment, exhibition games, carnival games, mini golf courses, pedal go karts, costumes, food machines, generators, tables, chairs and any other hire items.

1.1 In these Terms, unless the context otherwise requires,

"Agreement" means these Terms and Conditions of Hire, including any annexures, schedules, the Booking Confirmation and any documents expressly incorporated by reference.

"Goods" means all equipment, inflatables, accessories, packing containers, consumables and any ancillary services provided by Epic Inflatables in connection with the hire, including delivery, installation, operation, supervision, maintenance and collection.

"Epic Inflatables", "we", "us" or "Owner" means Epic Inflatables Inflatables Pty Ltd ABN 92 634 101 367 (trading as Epic Inflatables and/or Character Jumps), and where relevant its officers, employees, agents and contractors.

"Hirer", "you" or "Customer" means the person, firm or corporation (and, where more than one, each of them jointly and severally) contracting with Epic Inflatables for the hire of Goods.

"Site" means the location specified in the Booking Confirmation at which the Goods are to be used.

"Hire Period" means the period specified in the Booking Confirmation. Epic Inflatables’ personnel require access to the Site at least one hour prior to the commencement of the Hire Period for site assessment, installation and safety briefing.

"GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

1.2 Headings are for convenience only and do not affect interpretation. Where a provision imports a party, that party includes the party's successors and permitted assigns.

2. Formation and Scope of Contract

2.1 These Terms govern the supply and hire of Goods by Epic Inflatables to the Hirer and prevail over any inconsistent terms proposed by the Hirer, whether prior to or following acceptance, unless expressly agreed in writing by Epic Inflatables.

2.2 The contract is formed when the Hirer accepts these Terms by electronic acceptance, signature, or other action constituting acceptance as specified in the Booking Confirmation email and or text message.

2.3 Title to the Goods at all times remains with Epic Inflatables. The Hire constitutes a bailment of the Goods to the Hirer for the Hire Period subject to these Terms.

3. Quotations, Charges and Variations

3.1 Quotations are valid for the period stated in the quotation and are provided on the basis of the Site conditions, access arrangements and other assumptions expressly stated. Epic Inflatables reserves the right to amend a quotation where those assumptions are not met.

3.2 Unless otherwise indicated, all amounts quoted are exclusive of GST, which shall be payable in addition at the applicable rate.

3.3 Epic Inflatables may charge additional fees for out-of-hours delivery or collection, difficult access, additional labour required due to Site conditions, weather-related delays, or other variations requested by the Hirer.

4. Booking, Payment and Security Bond

4.1 To secure a booking, the Hirer must pay the deposit specified in the Booking Confirmation within the timeframe set out therein. Full payment is required for bookings made within seven days of the Hire Period unless alternative arrangements are agreed in writing.

4.2 Epic Inflatables may, at its discretion, require the Hirer to provide a Security Bond by way of pre-authorisation or charge to a credit or debit card, or by lodgement of cash. The Hirer authorises Epic Inflatables to debit such card for any amounts due under these Terms relating to loss, damage, cleaning or extended hire.

4.3 The Hirer is liable for all costs, including legal and debt recovery costs on an indemnity basis, incurred by Epic Inflatables in recovering sums due under this Agreement.

5. Cancellation and Rescheduling

5.1 Epic Inflatables may, at any time, vary or cancel a booking for operational reasons, equipment unavailability, safety concerns or events beyond its reasonable control. In such circumstances Epic Inflatables will use reasonable endeavours to provide substitute equipment or to reschedule the Hire Period. If Epic Inflatables cancels, it will refund the Hirer's deposit less a reasonable administration fee.

5.2 The Hirer may cancel or reschedule subject to the cancellation fees set out in the Booking Confirmation. Unless otherwise agreed, cancellations made more than seven days prior to the Hire Period incur a cancellation fee of fifty percent of the hire charge. Cancellations made within seven days of the Hire Period incur the full hire charge.

6. Delivery, Installation and Collection

6.1 Epic Inflatables will use reasonable care in delivering and installing the Goods in a clean, serviceable condition.

6.2 The Hirer must ensure that the Site is available and safe for installation at the agreed time; any necessary permits, licences or approvals for the use of the Site are obtained; and adequate access and unobstructed level ground is provided.

6.3 The Hirer must not attempt to dismantle, move or repair inflatables or other Goods. Only Epic Inflatables’ authorised personnel may carry out such activities except in an emergency.

6.4 At the end of the Hire Period the Hirer must ensure the Goods are ready for collection in a clean, dry and complete condition. Epic Inflatables may charge for additional cleaning, repair or replacement where Goods are returned dirty, damaged or incomplete.

7. Hirer’s Obligations and Use of Goods

7.1 The Hirer accepts responsibility for the safe custody, operation and use of the Goods during the Hire Period and must ensure that the Goods are used only in accordance with instructions, safety requirements and applicable laws.

7.2 The Hirer must supervise users of the Goods and ensure compliance with safe operation rules and any instructions provided by Epic Inflatables; ensure appropriate adult supervision where required; not permit use of the Goods beyond their rated capacity or for any illegal purpose; immediately notify Epic Inflatables of any accident, loss, damage or defect affecting the Goods; and protect the Goods from weather, fire, theft, vandalism, flood and other foreseeable hazards.

7.3 The Hirer shall be liable for any loss or damage to the Goods arising from misuse, negligence, wilful acts or failure to comply with these Terms.

8. Safety, Training and Waiver

8.1 The Hirer must ensure that a duly completed Risk Warning and Liability Waiver is signed by the Hirer and any required witnesses and delivered to Epic Inflatables’ personnel prior to commencement of the Hire Period. Failure to provide the signed waiver shall entitle Epic Inflatables to refuse to proceed, in which case cancellation fees will apply.

8.2 The Hirer acknowledges that the use of inflatable and amusement equipment carries inherent risks, including serious injury or death. The Hirer accepts those risks to the extent permitted by law but without limiting Epic Inflatables’ liability for gross negligence or wilful misconduct.

9. Insurance and Indemnities

9.1 The Hirer indemnifies and must keep indemnified Epic Inflatables, its officers, directors, employees, agents, contractors and subcontractors (each an "Indemnified Party") from and against all liabilities, losses, damages, costs and expenses, including reasonable legal fees and expenses on a full indemnity basis, suffered or incurred by any Indemnified Party arising out of or in connection with any breach of these Terms by the Hirer; any negligent act or omission, wilful misconduct, or breach of law by the Hirer, its officers, employees, contractors or invitees in connection with the Goods or the Site; any claim by any third party for personal injury, including death, or property damage arising from the use, operation, possession or control of the Goods during the Hire Period, except to the extent the claim arises directly from Epic Inflatables’ gross negligence or wilful misconduct; any failure by the Hirer to obtain or maintain any insurance, licence, permit or approval required by law or under these Terms; and any costs incurred by Epic Inflatables in enforcing its rights under this Agreement including recovery costs and legal fees on an indemnity basis.

9.5 Aggregation and Survival: The indemnities set out in this clause 9 survive termination or expiry of this Agreement and are in addition to any other rights or remedies available at law or in equity.

10. Faults, Breakdowns and Remedies

10.1 The Hirer must inspect the Goods on delivery and notify Epic Inflatables promptly of any defect, loss or damage.

10.2 Where a defect or breakdown arises from normal wear and tear or an inherent fault, Epic Inflatables will, at its election, repair or replace the Goods at its cost. If repair or replacement is not reasonably possible, Epic Inflatables will provide a pro rata refund of the hire charge for the affected Hire Period.

10.3 Epic Inflatables is not liable for loss, damage, stoppage or failure caused by weather, Site conditions, misuse by the Hirer, or other circumstances beyond Epic Inflatables’ reasonable control.

11. Default, Remedies and Termination

11.1 If the Hirer defaults in any payment or otherwise breaches these Terms, Epic Inflatables may, without prejudice to any other rights, terminate the Hire and retake possession of the Goods, charge interest on overdue amounts at the rate specified in the Booking Confirmation or, if unspecified, 9% per annum, and recover damages and costs incurred as a result of the breach.

11.2 The Hirer must indemnify Epic Inflatables for all loss or damage arising from the Hirer’s breach, including the cost of recovery and repair of the Goods.

11.3 On termination the Hirer shall immediately make any Goods in their possession available for collection. If the Hirer fails to do so, Epic Inflatables may enter the Site and repossess the Goods and the Hirer shall be liable for any reasonable costs incurred.

12. Subcontracting, Contractors and Independent Subcontractors

12.1 The Hirer acknowledges and agrees that Epic Inflatables may, in its absolute discretion, engage subcontractors, independent contractors, agents or other third parties (each a "Contractor") to perform any of Epic Inflatables’ obligations under this Agreement, including delivery, installation, operation, supervision, maintenance or collection of the Goods.

12.2 Epic Inflatables will use commercially reasonable efforts to select authorized Contractors that are suitably qualified, experienced and, where applicable, licensed and insured. Epic Inflatables will require such Contractors to hold all relevant insurances and to comply with safety standards.

12.3 To the fullest extent permitted by law, Epic Inflatables shall have no liability to the Hirer for any loss, damage, cost, expense, claim or liability, including indirect or consequential loss, whether in tort, contract, statute or otherwise, arising directly or indirectly out of, or in connection with, the acts or omissions of any Contractor engaged by Epic Inflatables. The Hirer agrees and acknowledges that any recourse in respect of a Contractor’s acts or omissions shall be against the Contractor and not against Epic Inflatables, subject to clause 12.4 below.

12.4 Epic Inflatables does not exclude or limit liability for death or personal injury to the extent caused by Epic Inflatables’ own negligence or wilful misconduct, or for any other liability which cannot be lawfully excluded under applicable law. For the avoidance of doubt, where loss, damage or injury is caused solely by the negligent act or wilful misconduct of Epic Inflatables and not by a Contractor, Epic Inflatables remains liable.

12.5 The Hirer must not, and must procure that its invitees do not, seek to assert any claim, proceeding, remedy or cause of action against Epic Inflatables in respect of any act or omission of a Contractor to the extent that the act or omission was the act or omission of the Contractor and not of Epic Inflatables. To the extent permitted by law, the Hirer indemnifies and holds Epic Inflatables harmless from and against all liabilities, claims, losses, costs and expenses, including legal costs, arising from acts or omissions of Contractors engaged by Epic Inflatables where such acts or omissions are not also the negligent or wilful acts or omissions of Epic Inflatables.

12.6 Where Epic Inflatables has responsibility under this Agreement for the acts or omissions of a Contractor by statute or operation of law, Epic Inflatables may, at its option, conduct the defence of any claim and or sue the Contractor for contribution or indemnity, and the Hirer will cooperate with Epic Inflatables in that process.

13. Liability and Exclusions

13.1 Subject to applicable law, Epic Inflatables’ liability under or in connection with this Agreement is limited, at Epic Inflatables’ option, to the repair or replacement of the Goods or payment of the hire charges attributable to the period during which the Goods were not available.

13.2 Nothing in these Terms excludes liability for death or personal injury resulting from Epic Inflatables’ negligence or for any other liability which cannot be excluded by operation of law.

14. Confidentiality and Privacy

14.1 Each party must keep confidential all commercial information disclosed by the other party that is plainly identified as confidential and must not disclose such information without prior consent, except as required by law.

14.2 Epic Inflatables will handle personal information in accordance with applicable privacy laws and its privacy policy, a copy of which is available on request.

15. General Provisions

15.1 Governing Law and Jurisdiction: This Agreement is governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and the Federal Court of Australia.

15.2 Severability: If any provision is held invalid or unenforceable, it shall be severed to the minimum extent necessary and the remainder shall continue in full force.

15.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings relating to its subject matter.

15.4 Variations: Any variation to these Terms must be in writing and signed by an authorised representative of Epic Inflatables.

ANNEXURES
Risk Warning and Liability Waiver
Booking Confirmation (including special conditions and site-specific requirements)

Contact
Epic Inflatables Inflatables Pty Ltd
ABN 92 634 101 367
info@epicinflatables.com.au

Ph: 0451848 002

31 Circuit Drive Hendon 5014 SA

Risk Warning & Liability Waiver

IMPORTANT: BEFORE PROCEEDING WITH YOUR ONLINE BOOKING YOU WILL BE EXPRESLY ASKED TO CONFIRM 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 EPIC INFLATABLES’S INSTALLER ON THE DAY OF HIRE. THIS RISK WARNING AND WAIVER FORM IS A FUNDAMENTAL PART OF YOUR CONTRACT WITH EPIC INFLATABLES.

THERE ARE SPECIFIC IMPORTANT LAWS WHICH APPLY TO THE SUPPLY OF RECREATIONAL SERVICES IN SOUTH AUTRALIA. THESE LAWS MAY HAVE THE EFFECTS 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 EPIC INFLATABLES 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, EPIC INFLATABLES ARE PERMITTED NOT TO SUPPLY RECREATIONAL SEREVICES 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 Epic Inflatables.

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 Epic Inflatables’s Amusement hire devices, involves a significant degree of risk.

Under Division 3, sections 36-39 of the Civil Liability Act 1936 (SA), entitled “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 an inherent risk.
• 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

Notwithstanding that there is no proactive duty to warn of obvious risks, Epic Inflatables 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, Epic Inflatables, 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 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 Epic Inflatables for any and all liability for injury or death arising from your use or operation of the amusement hire devices.

For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

By signing this form, you agree that the liability of EPIC INFLATABLES in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

a. death;

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 behavior, 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.

For recreational services to which the Australian Consumer Law (South Australia) applies

Your rights

Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is –

a. a statutory guarantee that those services will be rendered with due care and skill; and

b. a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and

c. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights

Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.

Important

You do not have to agree to exclude, restrict or modify your rights by signing this form.

The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier.

A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

Agreement to exclude, restrict or modify your rights

I agree that the liability of EPIC INFLATABLES for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Definitions

1 Recreational services are services that consist of participation in—

a sporting activity or similar leisure-time pursuit; or

any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

2 Personal injury is bodily injury and includes mental and nervous shock and death.

Further information

Further information about your rights can be found at www.ocba.sa.gov.au

Booking Confirmation:

Dear (Customer / Hirer) ,
Thank you for booking with Epic Inflatables! We look forward to providing some fun in the near future. Below are the details for your booking. Please have a look over to double check everything is correct.

You've Booked: (what equipment has been hired)
Date:Booking Date
Booking time slot:(Star time - finish time)
Installation time slot: Generally an hour prior to the start time but we will advise exactly when a few days prior to hire date.
Address of party: {DELIVERYADDRESS}
Surface: {SURFACE THE EQUIPMENT IS INSTALLED ON}
Hirers Contact #: {MOBILE}

Site Requirements: (You need to have the following or we need to know if you don't)

• You have the required access (1m+ wide) to bring the equipment in with NO stairs, slopes, tight gates etc in the way. If you have hired multiple items we may need direct vehicle access to set up area.
• You have the required space for us to install the hire equipment, this is imperative. This must be a clean, flat space, no major slopes, lumps or bumps.
• There is access to a normal power point within 15m. One power point is required per inflatable or fun food machine etc. Please disregard if you have hired a generator as well.
• Please let us know if there is a particular access point / gate etc to come in and have open prior to delivery.

Booking Requirements:

• Hirer is present at the agreed time of installation. We need to run you through the safe operation of the equipment if we are not supervising ourselves.
• Hirer must have read and understood the attached safety information for the equipment you have hired. Anyone delegated to supervise the equipment must have also read and understood the safety information provided.
• If you have multiple people designated to supervise equipment they must be present 30 minutes prior to the start time or have read over the safety information provided.

Payment:

Payment is required in full anytime up to 7 days prior to the hire. A Tax Invoice will be sent in another email.

Thanks for taking the time to read this and we will give you a call a couple days prior to your booking just to reconfirm the details. If you have any queries regarding any of the above mentioned please don’t hesitate to give us a call.

All bookings are subject to Epic Inflatables terms and conditions. To view please click here.

All persons hiring & supervising inflatables & hire equipment must read and understand our safety pack. A safety sheet/s for the equipment hired will also be email or attached.

THANK YOU for booking with us and we look forward to providing some entertainment soon!

Kind regards

Epic Inflatables Pty Ltd

Ph: 0451 848 002