1. The owner (“Mobile Play Australia Pty Ltd – MPA”) is the proprietor of the equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).
2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
1. Hire of Equipment
1.1 The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
1.2 The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
2. Payment for Rental
2.1 The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period plus GST
2.2 A non-refundable deposit must be paid to the owner prior to the commencement date of the hire period and payment in full will be required as outlined in the Schedule.
2.3 The equipment will not be installed until full payment has been received.
3.1 The hirer will have 5 days from the date of your initial booking to cancel and the balance of the booking will not be charged. After this the hirer will incur a 50% fee of the balance owing. Full fee is applicable if you cancel within 72 hours of your booking.
3.2 For cancellations within 72hrs of the event no credit will apply, and no refund offered.
3.3 For all the above cancellations, please call 1300 160 860 to advise.
4. Unsafe Conditions
4.1 The owner reserves the right to refuse delivery if the staff consider the conditions to be unsafe. The full hire fee is still applicable and not refundable.
5. Weather Conditions
5.1 Our Podplay kits are suitable for wet weather. A gazebo is provided for all outdoor bookings and side walls can be attachment on request. It is the hirer responsibility to check the weather forecast and notify of any changes, including location, 72 hours prior to agreed hire commencement. If no notification received via email, the owner will deliver and assemble the playground as per the hire agreement.
6.1 The Owner requires the following for safe delivery:
6.2 90cm access width to get through doors/gates (this includes downpipes, air conditioner units, garden beds, retaining walls etc)
6.3 If there are any stair or tight corners, we need to be advised prior as additional labour will need to be charged. This include, steep hills, driveways, gravel, pebbles etc
6.4 Wheeling our pods through your house is not ideal & the Owner will not be held responsible for any damage.
6.5 Please call the office to discuss any delivery concerns to arrange an alternative solution. If we are not advised prior to delivery additional charges will occur & potential delays will occur to the installation for you party.
7. Use, Operation and Maintenance
7.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
7.2 The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
7.3 The hirer agrees to use, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations.
7.4 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
8. Hirer’s Warranties
8.1 The hirer warrants that:
8.1.1 the equipment will be used in accordance with the conditions outlined in the schedule;
8.1.2 the hirer will not, modify, or permit any modification of, the equipment in any way; and
9.1 To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period whatsoever.
10. Loss, Damage or Breakdown of Plant and Equipment
10.1 The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.
11.1 The owner will maintain current insurance policies in respect of the equipment to its full insurable value.
12.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
13. Title to Goods
13.1 The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
13.2 The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment.
14.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
14.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
15. Completion of the Hire Period
15.1 The hire period is completed when the equipment has been collected by the owner:
15.1.1 on or by the date and time outlined in the schedule.
16.1 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
17. Governing law
17.1 This Agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
Conditions of use specific to the equipment:
The hirer agrees to the following whilst in possession of the equipment:
1. Please remove sharp objects, stones/plants prior to setting up the playground.
2. Always have a responsible adult supervising the children at all times whilst playing in the playground for safety and to avoid injuries from occurring. As a lessee of MPA kid’s mobile playground, the safety of all children is your responsibility.
3. Do not have fire, BBQ, liquids or food near or in the playground.
4. No smoking or alcohol near or in the playground.
5. Take off all shoes, jewellery or any sharp objects before entering the playground.
6. Please keep face painters and bubbles away from the playground as it may stain or make the area slippery for children.
7. Strictly NO animals are permitted inside or near the playground.
8. Children must wear socks while in the playground.
9. Podplay equipment is designed for use by children 2-10 years old.
Failure to comply with the above conditions may result in an excess cleaning fee.