TERMS AND CONDITIONS

 

Capitalised terms used in this Equipment Loan Agreement shall have the meaning given to them in the preceding page.

 

Booking and payment

You may make a booking with Us verbally or in writing, however, please be aware that the booking is not secured until We have received the Initial Deposit from You.  We reserve the right to cancel Your booking and make bookings with other clients for the time and date of Your booking until We have received the Initial Deposit from You.  

 

The Initial Deposit is non-refundable unless Your booking is cancelled by Us for reasons other than Your breach of this Equipment Loan Agreement.  

 

You agree to pay Us the Remainder Payable at least 48 hours in advance of the Delivery Time.  If You fail to make prompt payment of the Remainder Payable, We reserve the right to cancel Your booking and will retain the Initial Deposit.

 

Cancellation

If You cancel Your booking for any reason, We shall retain the Initial Deposit.

 

If Your cancellation occurs within the 7 days preceding the Delivery Time, You shall also pay Us the Cancellation Fee.  The Cancellation Fee should be paid to us on or before the Delivery Time.

 

We reserve the right to terminate this Equipment Loan Agreement immediately on written or verbal notice without refund in the event of any breach of this Equipment Loan Agreement or these terms and conditions by You.  In the event of such termination, You shall immediately return to Us any Equipment supplied to You.

 

Our obligations

In exchange for the Total Fee, We shall:

·       lend you the Equipment on these terms and conditions;

·       ensure that the Equipment is supplied to You in a clean condition;

·       supply You with hand sanitizer for users of the Equipment;

·       deliver the Equipment to the Delivery Location at the Delivery Time; and

·       collect the Equipment from the Delivery Location at the Return Time. 

 

For the avoidance of doubt, We shall retain ownership of the Equipment while it is in Your possession.  

 

Your obligations

By signing the Equipment Loan Agreement, You agree that You shall use the Equipment only in accordance with these terms and conditions and any instructions We provide to You on or before delivery of the Equipment.  You also agree that you are responsible for the safe use of the Equipment.

 

In particular, You shall ensure that the Equipment:

·       is used solely for its intended purpose;

·       is only used at the Delivery Location;

·       is not used outdoors in heavy rain or windy conditions;

·       is kept in Your possession and control at all times; 

·       is not sold, sub-let, assigned or otherwise transferred to anyone else;

·       is kept in good condition and repair; 

·       is not modified in any way; and

·       is stored safely when not in use.

 

You shall ensure that all users of the Equipment:

·       are under the age of 5 years old;

·       wear socks and tights at all times;

·       remove shoes, glasses, badges, jewellery, buckles and sharp objects prior to using the Equipment;

·       use hand sanitiser prior to using the Equipment;

·       are of similar ages and sizes to the other children using the Equipment at the same time; 

·       do not climb, stand on or jump on or from stacked softplay shapes; and

·       only use the Equipment once We have approved the Equipment’s set up for use.

 

You shall also ensure that:

·       no horseplay, pushing, colliding or fighting takes place on the Equipment; 

·       no food, drink, gum, chemicals, pets, toys, pens, paints, silly strings, party poppers, ink-based products, non-water based facepaint, water, hosepipes and/or sharp implements come into contact with or are permitted in the vicinity of the Equipment;

·       no heat/fire sources (including, without limitation, cigarette, BBQs, fires and heaters) come into contact with or are permitted in the vicinity of the Equipment;

·       if the Equipment includes slides, users only slide down them feet first;

·       in the event of rain, all users are removed from the Equipment and the Equipment is dried with a towel prior to use of the Equipment continuing;

·       all use of the Equipment is supervised by an appropriate adult;

·       the Equipment is not used or supervised by any person under the influence of drugs or alcohol;

·       no person who is feeling unwell or who has suffered from (or is suffering from) neck, back or heart conditions uses the Equipment; and

·       no more than 8 children use the Equipment at any one time (and fewer where reasonably required for safe usage of the Equipment considering the age and size of the users).

 

By making use of the Equipment, You agree that it was supplied to You in good and clean condition.

 

You shall conduct any safety or other inspections reasonably required for the use of the Equipment at the Delivery Location. 

 

By using the Equipment at the Delivery Location, You agree that You are satisfied with the Delivery Location’s suitability for safe usage of the Equipment.

 

Equipment maintenance and return

You must ensure that any persons collecting the Equipment from You are representatives of Us by requesting they confirm the Booking ID number.

 

You shall return the Equipment to Us in substantially the same condition it was in when You received it.  You assume sole responsibility for any loss of or damage to the Equipment (including, without limitation, any stains, marks or other uncleanliness) howsoever caused that occurs between the Delivery Time and our inspection of the Equipment following its return to Us.  If, during such time, the Equipment is damaged (save for fair wear and tear), becomes unclean, or is not returned to us at the Delivery Location at the Return Time, You will be responsible to Us for the cost of any repair, cleaning and/or replacement that We, acting reasonably, deem necessary.  Your responsibility extends to any delivery or carriage costs incurred in such repair, cleaning and/or replacement.  Where the cleaning is carried out by Us, We will charge you £30 per hour for cleaning time.  If any stain, mark or other uncleanliness is not capable of remedy, We reserve the right to charge You for replacement of the affected Equipment in addition to the costs of the attempted cleaning.

 

Liability

To the fullest extent permitted by law, You are responsible for all use, handling and storage of the Equipment occurring between the Delivery Time and the time the Equipment is returned to Us.  In particular, You agree that You shall be fully responsible for: 

·       any injury to You; 

·       any injury to any third party; and 

·       any loss of or damage to any equipment owned by You or any third party 

that arises in connection with the Equipment and/or the Delivery Location between the Delivery Time and the time the Equipment is returned to Us.   

 

You shall indemnify Us in full in relation to any costs, losses and liabilities incurred by Us or on Our behalf arising out of or in connection with any failure by You to comply with these terms and conditions. 

 

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, WE MAKE NO WARRANTY OR UNDERTAKING IN RELATION TO THE EQUIPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ANY IMPLIED WARRANTIES.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE OUR LIABILITY ARISING FROM OR IN CONNECTION WITH: 

 

• ANY USE, HANDLING AND STORAGE OF THE EQUIPMENT BETWEEN THE DELIVERY TIME AND THE TIME THE EQUIPMENT IS RETURNED TO US; AND 

• THE DELIVERY LOCATION. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OR LOSSES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS, OR LOSS OF OPPORTUNITY.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT LOSSES ARISING IN CONNECTION WITH THE EQUIPMENT, THE DELIVERY LOCATION OR THE EQUIPMENT LOAN AGREEMENT. 

 

Nothing in this Equipment Loan Agreement shall limit either party’s liability for death or personal injury caused by their own negligence, or for any other liability which cannot be limited or excluded by law.

 

Miscellaneous

No failure or delay by a party to exercise any right or remedy provided by law or under this Equipment Loan Agreement shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

These terms and conditions are to be governed by, and construed in accordance with, Scots law.  As far as practicable, the parties submit to the jurisdiction of the Scottish courts.