FAQ's & T and C's

Conditions and Terms of Hire

1. Definitions

“Equipment” means the items hired out by the Owner to the Hirer. “Hirer” means any person who requests the Owner to hire Equipment to it, including its employees and agents. “Owner” means Stately Affair, its employees, and agents. ‘Terms’ means these terms and conditions.

2. Terms of Payment

The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Owner. If not otherwise specified by the Owner in writing all hiring charges including taxes and duties are to be paid prior to delivery of the Equipment. The Hirer agrees to provide the Owner with the Hirer’s credit card number, expiry date and any other information which may be necessary to debit the Hirer’s credit card prior to delivery of the Equipment. Subsequent charges for loss, damage, repairs, or other expenses are to be paid within seven days of the relevant invoice. The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor- client basis) and to pay all costs and expenses incurred by the Owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.

 Hire

The Owner agrees to hire the Equipment to the Hirer on these Terms and the terms of the booking. If there is any inconsistency, these terms prevail.

 By Owner

The Owner may terminate hire of the Equipment any time on the earlier of:

• the expiry of the hire period designated in the agreement; and

• the Hirer being in breach of these Terms, in which case the Hirer shall have no claims against the Owner for such

 By Hirer

The Hirer may terminate the hire of the Equipment by:

• Returning the Equipment to the Owner during normal working hours or If the Owner has agreed in writing beforehand to collect the Equipment on termination, notifying the Owner that the Equipment is ready for collection, provided that

• the Hirer keeps the Equipment safe until

 Effect of Termination

(a) upon termination of hire, the Owner is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints the Owner as the Hirer’s agent and authorises the Owner to: (i) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated; and (ii) remove the Equipment whether or not it is affixed to the land or premises, connected to property or Equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner.

 Late Return

If the Equipment is not finally returned or if the Owner has agreed beforehand to collect, or if the item/s are not ready for pick-up by the Owner at the expiration or termination of the hire period the Hirer shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Hirer unless otherwise specified by the Owner.

 The Hirer’s Obligations

The Hirer will:

• hire the Equipment at its own risk, and bear responsibility

for the Equipment hired from the time of its delivery or pickup to the Hirer into the possession until collection by or return to the Owner;

• where necessary be responsible to obtaining the necessary permits and/or plans and pay such fees as may be required to use the

• upon installation, delivery or collection of the Equipment, immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage;

• not remove the Equipment from the location designated in the order form, and must not sub-hire, part with possession or part with control of, the Equipment, without the Owner’s written

• assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from: (i) the use of the Equipment; (ii) contact with underground cables, pipes, services or other obstructions; and (iii) all necessary surface

• use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;

• children using any Equipment require adult supervision at all times

• comply with any written instructions given to the Hirer or accompanying the Equipment;

• ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and, if being collected, is readily accessible; and

• will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the

 Property

The Hirer acknowledges that the Owner may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim against the Owner in the course of the Owner exercising its right to inspect the Equipment. The Hirer acknowledges that all property in and title to the Equipment at all times remains with the Owner, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Owner only.

 Loss of or Damage to Equipment

If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Owner of the details. Notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using  the  Equipment and  take  all steps necessary to prevent the Equipment from  sustaining  any  further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Owner’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or willful act or omission of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for;

• any costs incurred by the Owner in repairing or replacing the Equipment;

• hire charges for the Equipment until the Equipment is repaired or replaced; and

• any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the

 Release and Indemnity

The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action,

suits, demands, costs and expenses for damage or injury to person, child or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or the Hirer’s breach of any of these terms.

 Damage Waiver

Please note this is separate and distinct from insurance (refer to clause 10.) The Hirer agrees to pay a damage waiver to the Owner to cover any costs associated with any accidental damage to a particular item of Equipment, provided that the replacement cost and/or the cost of repairs to any Equipment which was damaged does not exceed 10% of the hiring fee for the particular item of Equipment. If the damage exceeds 10% of the hiring fee for the particular item of Equipment, then clause 7 shall apply. The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation:

• damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;

• damage or loss due to disappearance of the Equipment;

• damage caused by the use or operation of Equipment in contravention of any of these Terms; and

• damage to, or loss of, the Equipment from any unknown

 Insurance

The Hirer will maintain at its own expense all appropriate policies of insurance:

• for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment; and

• for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage

 Limitation of Liability

To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and the Owner’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to replacing the Equipment or supplying Equipment similar to the Equipment, repairing the Equipment, paying the cost of replacing the Equipment or paying the cost of repairing the Equipment.

 Security Interest

• These Terms create a security interest in favour of the Owner in the Equipment pursuant to the Personal Property Securities Act 2009 (Cth).

• The Hirer undertakes to immediately do such acts and provide such information as in the Owner’s opinion may be necessary or desirable to enable the Owner to perfect any security interest created or provided for by these Terms, as a perfected security interest with first

• To the fullest extent permitted by law, the Hirer waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to the interests created or provided for, or perfected in the manner contemplated by, these

  Force Majeure

If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

 Jurisdiction

These terms and conditions are governed by the local laws and the Hirer and the Owner submit to the jurisdiction of the courts of that State.

 Loading and Unloading Equipment

The Hirer is responsible for loading and unloading equipment. If an employee of the Owner assists in loading or unloading

equipment the Hirer agrees to indemnify the Owner for any property damage or personal injuries in relation to this assistance whether or not due to negligence.

 Weather

The Owners equipment will be installed and secured to the best of the Owners ability, considering weather conditions, which may arise suddenly that we are unaware of. It is the Hirer’s responsibility to keep an eye on weather conditions as they change throughout the time of hire. The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of injuries due to weather conditions.

The hirer must secure down all items.

17. Miscellaneous

If any of the Terms becomes void or unenforceable for any reason, then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.

 Clause 18, applicable if hiring the below items;

18. Ball Pit / Slides / Soft Play Equipment and other children’s equipment specific instructions;

• Before entering or using equipment, all watches, jewellery, glasses and shoes must be

• No sharp or fragile

• No food, drink, faceprint, pets, sand, mud, sticky or staining substances on or near

• No one person over 50kg is

• Adult use is not allowed

• No wrestling, fighting, flips or rough play

• Children require supervision at all times

• When moving do not drag across rough surfaces

• Do not use in direct sun/heat, rain, strong winds or extreme weather

• Ball Pits must be secured if winds are higher than 25km/h

• No person using the equipment to be under the influence of alcohol and

• Equipment to be setup on an area free from sharp items

 Pets must be restrained or removed from the area during the duration of hire

• Safety of all users /riders is the responsibility of the Hirer.

• No pulling, hanging on equipment and

• All balls to be returned or ready, cleaned and bagged prior to pick up or drop-off;

• Ball Cleaning Fee $50 per hour, per employee

• Ball Collection Fee $50 per hour, per employee

  Cancellation Policy

If you wish to cancel your event email info@stately-affair.com noting your hire date and cancellation reason by 5pm the evening before your event at the latest. On the day cancellations will incur a forfeiture of your full hire fee unless otherwise agreed in writing by us.

As the event has been booked and set aside for your exclusive use on the requested date, there are limits on refund options. The following surcharges (essentially, a non-refundable portion of the pre-paid booking fee being your "deposit") will apply:

45+ days from event: Full refund

44-30 days from event: Refund minus 25% surcharge

29-14 days from event: Refund minus 40% surcharge

14-0 days: No credit. Full forfeiture of hire fee

During periods of severe weather conditions (heavy rain, high winds, storms etc), we reserve the right to cancel your booking. If conditions are not expected to be too severe we will proceed with your booking unless we hear from you.

Refunds do not apply should weather impact your hire after the equipment has been delivered or after your booking date has been postponed once.

 Delivery Policy

Delivery will be to the street address as specified by you (The Lessee), prior to the event start time you have stated within your booking. The Lessee grants The Lessor the right to enter the property at the agreed street address for the delivery and subsequent setup and pack up of the unit.

After your order has been successfully received by us, you will receive a confirmation email. We will contact you again, prior to your event, confirming a delivery and setup time.

Delivery fees are included in the total cost for delivery to addresses within the free delivery areas. For areas outside the free delivery zone, additional fees will be notified at the time of booking. The unit(s) must be ready for collection, at the latest, by 5pm of your booking day.

Should your address be out of our service area completely, please speak with us directly to see how we can be of service.

Should we be unable to provide your delivery due to bad weather, vehicle failure, illness or any other factor beyond our control, we will inform you of this at the earliest possible opportunity and provide a resolution as per our policies.

Prior to your event, we ask that you please ensure there is adequate space for the equipment, that the location that our products will be sited is accessible and you have cleared the area of debris and that power is available no more than 20 metres from the installation site. 

For the hygiene, health and safety of our crew, our equipment and our customers, delivery and instalment of your hire will not proceed should there be animal faeces, furniture or debris located in the delivery or setup path or location of our equipment and your booking fee will be FORFEITED.

We will be unable to provide a refund if we cannot deliver your product due to a lack of space, accessibility, hygiene or due to an inappropriate location.

 Weather Policy

In the event of poor weather, there are a few different options to consider.

Some of our equipment can handle very light rain – depending on the product it can be outdoor rated. If heavier rain occurs during your event, we advise the are be covered, allow rain to pass and towel down the castle play areas before resuming play.

If rain is expected for your entire event and you have a backup wet weather venue (community hall, Scout hall, school hall) we can set up indoors as long as there is space.

If you would like to cancel the hire prior to the day, you will receive a refund minus any applicable surcharge for the notification period.

During periods of severe weather conditions (heavy rain, high winds, storms etc), we reserve the right to cancel your booking. If conditions are not expected to be too severe, we will proceed with your booking unless we hear from you. Refunds do not apply should weather impact your hire after the equipment has been installed.