“Hirer” refers to the person/s or entity hiring equipment from Events by Jasmin Prescott.
“Equipment” refers to all goods and accessories supplied to the hirer.
“Terms” means these terms and conditions of hire.
Payment Terms
The Hirer agrees to pay the Owner the hire fee specified in the invoice for the hire period of the Equipment.
A non-refundable deposit is required within 7 days from receiving the invoice to secure the booking.
Remaining balance due 30 days before pickup or delivery.
Late or missed payments may result in withheld delivery and a $10 fee for each missed payment.
All payments are made by card through Stripe.
The Hirer's card is kept on file with Stripe until all Equipment is returned. The Owner may charge the card for cleaning, damage, or late return.
Outstanding balances must be paid within 7 days of notice or legal recovery may be pursued.
Identification
The Hirer must show photo identification (driver's licence or passport) to the Owner at delivery or pick-up. The name must match the booking and the card on file.
Hirer Responsibilities
Items are the responsibility of the hirer from delivery until collection.
Hirer must protect items from weather, theft, and damage.
No adhesives, hooks, pins, paint, or alterations to any hire item.
Damaged, lost, or dirty items will incur repair/replacement fees.
Photo ID must be shown at delivery or pick-up. The Owner may withhold the Equipment if ID is not shown.
Hirer indemnifies the Owner against any claims or damages from misuse.
Inspect items upon receipt and report any issues immediately.
Cancellation & Postponement
Cancellations must be made in writing (email preferred).
More than 4 weeks before event: refund minus 30% deposit.
Within 3-2 weeks before event: refund minus 50% of invoice.
Within 2 weeks of event: full payment forfeited.
Equipment Condition & General Wear
As Equipment is hired out frequently, it may show minor signs of wear such as small scratches, chips, marks or other minor cosmetic imperfections from normal use.
The Owner regularly inspects, cleans and maintains Equipment, including repainting and touch-ups where needed, to keep it in good condition.
Minor cosmetic wear consistent with normal use is not considered damage and will not be charged to the Hirer.
See the Damage, Loss and Replacement clause below for damage beyond normal wear and tear.
Damage, Loss and Replacement
The Hirer must still return all damaged Equipment to the Owner.
Any Equipment that is lost, stolen, destroyed, damaged beyond economical repair, not returned, or damaged will be charged to the Hirer at full repair or replacement cost.
The Hirer agrees to pay the full new replacement value of any Equipment that is lost, stolen, destroyed, damaged beyond economical repair or not returned, as determined reasonably by the Owner. Replacement value includes freight, sourcing, labour and administrative costs reasonably incurred by the Owner.
Floral Arrangement Conditions
Artificial flowers may vary from photos due to replacement or lighting.
Owner not responsible for slight variations in design or colour.
Weather Disclaimer
Owner not liable for weather-related damage.
Hirer responsible for safe item placement.
No refund, credit or compensation will be provided due to adverse weather, change of mind, venue restrictions or cancellation by third parties.
The Hirer assumes all risk associated with outdoor use of Equipment. The Owner makes no warranty that Equipment is suitable for outdoor use in particular weather conditions. The Hirer is responsible for monitoring weather conditions and securing or discontinuing use of Equipment where necessary.
Late Return or Access Issues
Late collection fee of $50 may apply.
Drop-offs and pick-ups between 7pm and 9pm each incur an after-hours fee of $50, added to the invoice at booking.
Notify Owner of any venue restrictions (stairs, time limits, etc).
If the Owner is unable to collect Equipment at the agreed time due to venue restrictions, locked premises, lack of access or delays caused by the Hirer or venue, additional collection fees may apply.
Liability, Safety and Indemnity
The Hirer acknowledges that all Equipment may present risks if not properly handled, secured, installed, supervised or used.
From the time the Equipment is delivered, collected by the Hirer or installed at the venue (whichever occurs first), all risk in the Equipment passes to the Hirer.
The Hirer is solely responsible for ensuring the Equipment is safely positioned, secured, monitored and used throughout the hire period.
The Hirer must ensure that guests, venue staff, contractors and children do not climb, lean on, swing from, move or misuse the Equipment.
The Owner is not responsible for any injury, death, loss, damage, expense or claim arising from the use, misuse, movement, collapse, tipping, falling, failure or positioning of the Equipment.
To the fullest extent permitted by law, the Hirer releases the Owner from any liability arising from the hire or use of the Equipment.
The Hirer indemnifies and must keep indemnified the Owner against any claim, demand, action, loss, damage, liability, cost or legal expense arising from:
(a) injury to any person;
(b) damage to any venue, building or property;
(c) damage caused by the Equipment;
(d) the setup, use, movement or storage of the Equipment;
(e) any act or omission of the Hirer, guests, invitees, contractors or venue staff.
If any claim is made against the Owner arising from the hire or use of the Equipment, the Hirer agrees to fully indemnify the Owner for all losses, damages, settlements, legal costs and expenses incurred by the Owner.
The maximum liability of the Owner, to the extent liability cannot be excluded by law, is limited to the amount paid by the Hirer under this Agreement.
Force Majeure
Owner not liable for events beyond control (natural disaster, pandemic, vehicle breakdown, etc).
Legal Costs
The Hirer must reimburse the Owner for all costs incurred in enforcing this Agreement, including debt collection costs, recovery agent fees, court filing fees and solicitor-client legal costs.
Property Left Behind
Any decorations, signage, florals, balloons or other items left attached to hired Equipment may be removed and disposed of by the Owner without liability.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations and agreements.
Governing Law
This Agreement is governed by the laws of South Australia, and the parties submit to the exclusive jurisdiction of the courts of South Australia.
Backdrop & Structure Warning
The Hirer acknowledges that arches, backdrops, plinths, frames, flower stands and similar decorative structures may tip, fall, collapse or cause injury if climbed upon, leaned against, moved, improperly secured or exposed to weather conditions. The Hirer assumes all risk associated with the use of such Equipment.
The Hirer acknowledges this together with and/or further to the Liability, Safety and Indemnity clause.
Candles & Open Flames
Candles, including candles hired or supplied by the Owner, are used at the Hirer's own risk.
The Hirer is responsible for ensuring that candles are used safely and are positioned appropriately. Candles must not be placed directly on, against, or too close to hired Equipment, including draping, fabrics, backdrops, plinths, props, furniture or other hire items, unless specifically designed for this purpose.
The Owner accepts no responsibility for any damage caused by candles or open flames, including but not limited to wax stains, melting, scorching, burning, smoke damage, discolouration or fire damage.
Any damage to hire Equipment resulting from the use of candles, including candles supplied or hired by the Owner, will be the responsibility of the Hirer. The Hirer may be charged for the full cost of cleaning, repair or replacement of the affected item, as applicable.
The Hirer is also responsible for complying with all applicable venue rules and fire safety requirements relating to candles and open flames.
Photo Use Permission
Unless requested otherwise, the Owner may take photos of event setups for marketing.
Photographs taken by the Owner before delivery, upon setup, upon collection or after return may be used as evidence of the condition of the Equipment. The Hirer accepts such photographs as prima facie evidence of the Equipment's condition.
Agreement
By signing this agreement, the hirer agrees to all terms and conditions stated above.