- In this agreement, the following definitions and expressions will have the following meaning:
Owner- means Light The Night Glow Party Hire, its assignees and or its successors.
Hirer- means any company, person/s, entity, trustee, partnership or assignees (including agents, advisors, consultants, employees or contractors) hiring any furniture/equipment from the owner.

Period Of Hire- means the time the hirer is in possession of the furniture/equipment agreed to between the owner and the hirer. This also includes but it not limited to any additional period of time the hirer is in possession of the furniture/equipment.
Furniture/Equipment- means all items including furniture, dancefloors, attachments, accessories, attachments, equipment, parts, spare parts, replacement and substitute items/parts hired from the owner.

Function- means the location and or delivery/collection address.

​

1. DEPOSITS, BOOKINGS & PAYMENT

- Light The Night Glow Party Hire require a non-refundable deposit of $100 as booking confirmation, this amount will be deducted from the final invoice. Remaining invoice balance is due 7 days prior to your function date. If the balance is not paid 7 days before the event, the $100 deposit is forfeited. If the booking is cancelled before 7 days of the function, a cancellation fee will apply. Any type of cancellation within 5 days of the function will incur the full balance of the booking. Payment method is via cash or direct deposit.

 

2. CONDITIONS OF HIRE

a) The conditions of hire will apply to the furniture/equipment hired by the hirer.

b) The hirer will hire the furniture/equipment from the owner from the function date.

c) By signing this document, the hirer agrees to be bound by these terms and conditions. By providing their signature consent on this document, the hirer will also agree that for the term of the hire, these terms and conditions apply to all furniture/equipment hired out by the owner, excluding the need for the hirer’s signature or any other form of signature on multiple occasions during this period.

d) If an extension of the agreed hire time of furniture/equipment is wanted, this must be agreed to by each of the parties in writing.

e) At time of delivery, the hirer acknowledges that they have received enough satisfactory instructions from the owner with regard to the safest and correct way to handle the furniture/equipment. If the hirer requests further instructions, a written, verbal or a physical demonstration will be provided.

f) The furniture/equipment must not be used by the hirer at any locations and or environments that are different to the equipment’s/furniture's specified suitability and designed purpose.

g) The hirer accepts and acknowledges responsibility for the furniture/equipment whilst it is in their possession and is accountable for any misuse, damage, misplacement or destruction.

​

3. DELIVERY AND COLLECTIONS

a) The hirer must sign all delivery documentation the owner/courier request to be signed.

b) The safe delivery and collection of furniture/equipment is at the hirer’s expense.

c) It is required that the furniture/equipment is in a reasonably clean state or a cleaning fee may apply. (see damages on delivery page)

d) The hirer must provide safe and proper means of access to the delivery/collection site, this includes moving all impediments to allow all the furniture/equipment to be placed safely and all pets to be locked up to reduce injury and or damage to the pet and person/s.

e) The hirer is liable for and indemnifies the owner on a full indemnity basis, its employees or agents against all injury, death, loss or damage suffered by any of them while at the delivery site, unless such injury, loss or damage is caused by the negligence of the owner, its employees or agents.

f) Our delivery fees are based on the number of items you require and the location you are in. The approximate delivery fee is $50 which includes pick up within 30km of the Townsville warehouse. Deliveries over 30km will have $50 added to the original delivery price. Orders over $300 will include free delivery.

g) We are able set up the furniture at your request, the minimum fee is $30. The LED dance floor however, will require the owner or carrier to assemble at designated site of event at no extra fee, this is included in the original quoted price. It will take approximately 1 hour to set up the 3x3 dancefloor and the hirer is not permitted to assemble or alter the LED dance floor.

h) We generally only deliver the furniture for outdoor events in the late afternoons, exposure to the sun is not good for the sustained life of the furniture. We will however work around you in some circumstances.

​

 

4. DAMAGES

a) The responsibility of the furniture/equipment is solely with the hirer from the time of delivery until the collection by the owner.

b) During the period of hire, any furniture/equipment damaged or lost are acknowledged and agreed to by the hirer to be replaced. (see delivery page)

• Misuse, abuse, exceeding/overloading the rated capacity or inappropriate handling of the furniture/equipment.

• Any fire related activities, cigarette burns, candle wax, stains, marks, deep gashes, indents or marks to the furniture/equipment.

• The weather, this includes rain, hail, wind, heat, cold, storms and the sun (exposure to the sun is not good for the sustained life of the furniture)

• Alcohol, soft drink, water related stains, or any other significant stains on any furniture/equipment. (at the owners determination)

• Damage that any sort of pets or animal cause.

​

5. EQUIPMENT FAULTS

In the rare case that the furniture/equipment is faulty, unsafe or unusable during the hire period, the hirer must:

a) Notify the owner straight away (in writing) and stop using the piece of furniture/equipment.

b) Not take it upon themselves to try and repair the furniture/equipment.

c) Take all the necessary steps to prevent further damage to the furniture/equipment.

d) Take all the necessary precautions to prevent any injury or death happening to persons as a consequence of the condition and or fault of the furniture/equipment.

   1. Upon contact with hirer, the owner will endeavour to rectify the issue with either a replacement or a substituted piece of furniture/equipment.

​

6. CANCELLATION

a) If the owner is unable to provide the furniture/equipment through circumstances beyond their control, then the owner may:

• Cancel any order through notice in writing.

• Modify the furniture/equipment supplied that the end representation is not materially prejudiced

b) The hirer will forfeit any paid hire fees for cancelling an order when:

• The hirer cancels their booking with more than 7 days available until the start date of the period of hire, 50% of the $100 non-refundable deposit is forfeited and the remaining 50% balance (if paid) shall be refunded.

• The hirer cancels their booking with less than 7 days available until the start date of the period of hire, any funds paid are forfeited.

• The hirer cancels their booking on the day of the period of hire, any funds that are paid are forfeited and the remaining balance of the hire becomes immediately payable.

1. The owner at its own discretion has the right to waive the postponement fee.

2. Cancellation fees are inclusive but not limited to cancellations relating to weather, natural disasters, government shutdowns, sabotage, disputes of any kind, acts of god, accidents, terrorism or hostilities.

 

7. EVENT OF DEFAULT

- If a default event ever occurs, the owner (at their own discretion) may terminate any contract;

- gain access to any premises where the owner considers the furniture/equipment to be located in and;

- reclaim such furniture/equipment without prior notice to the hirer.

a) Situations a “default event” will occur include:

1. The hirer breaches any of these conditions and such breach cannot be solved

2. The owner has informed the hirer of a breach of these conditions and the hirer fails to amend the breach within 1 week.

3. The hirer engages in an act of bankruptcy or goes into liquidation.

 

8. INDEMNIFICATION

- The hirer hereby indemnifies and must keep indemnified (on a full indemnity basis) and releases and forever holds harmless the owner, its employees and agents for any losses, expenses, costs, damages, injuries, death, proceedings, claims and demands of every description (losses) arising directly or indirectly in relation to the hirer’s use of the furniture/equipment, the hirer’s breach of these conditions or the owner’s enforcement of any of its rights under these conditions or generally under law, unless such losses result from the negligence of the owner, its employees or agents.

​

9. ENTIRE AGREEMENT

- Unless it is agreed to differently by the hirer and owner in writing or recording, the contract constitutes the whole of the agreement between the parties relating in any way to its topic in question.

​

10. OWNERSHIP ACKNOWLEDGMENT

- The hirer agrees and acknowledges that the owner always remains the legal owner of the furniture/equipment and these conditions do not give any rise to any hire purchase agreement, leasing agreement, or an option to buy the furniture/equipment.

 

11. LIABILITY
a) All liabilities and risks shall be be assumed by the hirer for any damages, injuries (including, but not limited to the risk of seizures), deaths of person/s and or any damage to property in whatever manner occurring from the hirer’s storage, use, repair, transport (including moving furniture/equipment around the function), maintenance or possession of the furniture/equipment.

b) If you suffer from epilepsy, it is at the hirer's own risk to hire the furniture/equipment and the hirer shall be liable for any health issues.
c) Weather- The owner’s accessories, banners, marquees, glow furniture, equipment have been manufactured for use as temporary furnishings and or structures. If threatening weather occurs, for the safety of all occupants, it is recommended to evacuate. If there is any concern about the safe use of the marquees, structures, equipment etc., evacuation is also recommended.

​

12. AUTHORITY

a) Someone over the age of 18 must be present at the time of delivery. They must also be able to sign off on our Terms & Conditions of hire along with providing the following details:
- A valid Debit or Credit Card, which will be placed on file with the booking for the duration of the hire, the card MUST be presented at the time of the delivery to fulfil our Terms & Conditions.

- ONLY a valid Australian Drivers Licence or Proof of Identity Card will be accepted.

​

13. INDEMNITY
a) The hirer shall indemnify and keep indemnified the owner against any claim, cost, loss or damage of any kind which may occur either directly or indirectly by reason of anything which may arise from the hire agreement. The indemnification by the hirer will also extend to any third parties that damage, sell or misplace products arising from this agreement including any other error, omission, act or neglect of the hirer.

b) The hirer, without delay shall rectify any loss or damage at its own expense.

​

14. MISCELLANEOUS
a) This agreement is governed by the laws of the state of Queensland.

b) The owner shall not be liable for any items or objects that are required, or requested by the hirer, to be moved.
c) The owner will NOT accept any liability to any loss or financial penalty due to unfortunate weather events/conditions, furniture/equipment installation, delivery or collection that is considered unsafe. 

d) The hirer is responsible whilst in possession of the furniture/equipment. The hirer is responsible for the safe use and operation of the furniture/equipment in which it is intended and manufactured for. 
e) Any previously issued terms and conditions of sale/hire by the owner are superseded by this edition.

 

15. ACKNOWLEDGMENT
- By paying the $100 deposit to hire any furniture/equipment, the hirer acknowledges they understand and accept the terms and conditions of this agreement. They also acknowledge and agree they understand, are capable and confident of operating the furniture/equipment in which it is intended and manufactured for safely without causing any injury, death or loss to themselves or any third parties.

​

16. PRIVACY POLICY
- In all dealings with the hirer, the owner shall comply with the National Privacy Principles. If you would like to more information about our privacy policy, please contact us.

​

17. DISCLAIMER

- To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the furniture/equipment.

​

18. GOVERNING LAW

- These Conditions are governed by the laws of Queensland and the owner and the hirer submit to the jurisdiction of the courts of Queensland.