THE FUN DEPOT

Terms and Conditions of Hire

Including Booking Conditions, Payment Terms, Risk Warning and Safe Operating Rules

KGO Enterprises Pty Ltd T/A The Fun Depot

ABN: 63 667 911 944

30 Emerald Road, Maddington WA 6109 • 0406 161 959

Last updated: 29 July 2026

1. Definitions and Interpretation

In these Terms:

(a) “Goods” means all equipment, inflatables, rides, marquees, consumables, accessories and packing containers of any nature supplied by The Fun Depot to the Hirer, and “hire of Goods” includes delivery, unpacking, installation and collection of the Goods.

(b) “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any amending legislation.

(c) “The Fun Depot” means KGO Enterprises Pty Ltd ABN 63 667 911 944 of 30 Emerald Road, Maddington WA 6109, trading as The Fun Depot, and includes its employees, contractors and agents (also referred to as “we”, “us” or “our”).

(d) “Hire Period” means the booking period specified in the Hirer’s confirmed booking confirmation. Our installers may require access before and after the Hire Period to risk-assess, install, inspect and safety-brief the Hirer on the Goods, and to dismantle and collect them.

(e) “Hirer” or “you” means the person, firm or company (jointly and severally if more than one) who has entered into, or on whose behalf a booking was entered into, with The Fun Depot for the supply of the Goods.

(f) “Site” means the geographical location at which the Goods are used, as specified by the Hirer in their booking.

(g) “Terms” means these Terms and Conditions of Hire, including the annexed Risk Warning and Safe Operating Rules.

2. Basis of Contract

2.1 Unless otherwise agreed in writing by The Fun Depot, these Terms are the only terms on which The Fun Depot supplies Goods and services to the Hirer.

2.2 These Terms are deemed accepted by the Hirer in accordance with the Electronic Transactions Act 1999 (Cth) when the Hirer confirms acceptance at the time of booking, whether by ticking a confirmation box, replying in writing, or paying the deposit.

2.3 These Terms apply exclusively to every contract for the hire of Goods and supply of services by The Fun Depot and cannot be varied or replaced by any other terms without The Fun Depot’s prior written consent.

2.4 If a booking is accepted by The Fun Depot, we agree to hire the Goods to the Hirer for the Hire Period on the basis of the information provided by the Hirer in their booking request, for use at the nominated Site, and subject to these Terms.

2.5 The Goods hired remain the property of The Fun Depot at all times.

3. Quotations and Pricing

3.1 Prices are subject to change until a quotation has been accepted and the required deposit received. Once a booking is secured, the agreed price will not change unless the booking is amended, additional services are requested, information provided by the Hirer is inaccurate, or additional costs arise under these Terms.

3.2 Unless otherwise specified, quotations assume:

• delivery, installation, removal and collection during ordinary working hours;
• delivery to level ground free of excessive obstructions or access difficulties;
• sufficient space to erect the equipment as described on our website and confirmed by the Hirer at booking; and
• the Hirer returning the Goods in the same good order and clean condition in which they were delivered.

3.3 Any variation to the assumptions in clause 3.2 may incur additional charges for extra equipment, time or overtime rates. All prices for Goods and services include GST.

4. Deposit and Booking Confirmation

4.1 A non-refundable deposit equal to 50% of the total booking value is required within seven (7) days of the invoice date to secure your booking. If your booking is made less than seven (7) days before the event, full payment is required to confirm the booking.

4.2 Your booking is not secured until the deposit has been received. If the deposit is not received by the due date, The Fun Depot reserves the right to cancel the booking or release the date without further notice. The deposit forms part of the total booking price and is not an additional charge.

4.3 Please review your booking confirmation carefully and ensure the dates, times, venue, contact details, equipment and any special conditions are correct. You must notify us of any errors as soon as possible, and return any requested signed documents before the event. If you do not notify us of discrepancies, The Fun Depot will rely on the booking confirmation when planning and delivering your event.

5. Payment Terms

5.1 Unless otherwise agreed in writing, the remaining balance must be paid no later than seven (7) days before the event date. Equipment will not be delivered or set up while payment remains outstanding.

5.2 Approved corporate account holders may pay after the event in accordance with payment terms approved by The Fun Depot, with payment due within 30 days of invoice date or earlier as determined by The Fun Depot. Credit accounts are available to approved clients only and require a completed credit application and written approval before credit terms apply. A Purchase Order does not, by itself, constitute approval for a credit account. Until a credit account is approved in writing, our standard deposit and payment terms continue to apply.

5.3 We accept payment by direct bank transfer (EFT), Visa and Mastercard. A 2.2% processing fee applies to credit card payments. American Express and Diners Club cards are not accepted. Payments made via EFT may take up to three business days to clear — if paying by EFT close to a deadline, please email a copy of the remittance to ensure your payment is recognised in time.

5.4 Our staff do not carry mobile EFTPOS facilities and do not accept cash unless this has been arranged and approved before the event.

6. Security Bond and Insurance

6.1 A security bond may be required to safeguard against loss of or damage to the Goods. Where a bond is required, the Hirer agrees to provide The Fun Depot with a valid current credit or debit card and expressly authorises The Fun Depot to place a pre-authorisation for the bond amount. The Hirer further expressly authorises The Fun Depot to debit the nominated card for any loss or damage to the Goods, extended booking fees, or cleaning fees, in accordance with these Terms. Cash security bonds may alternatively be accepted at The Fun Depot’s discretion.

6.2 The Hirer must maintain, at its own expense, the following insurance for the Hire Period:

• cover for loss of or theft of the hired Goods in an amount not less than replacement cost;
• cover for loss of business or perishable goods resulting from damage to or breakdown of the hired equipment; and
• public liability insurance of not less than $10,000,000 per occurrence.

6.3 The Hirer must provide The Fun Depot with a current certificate of currency for the insurance required under clause 6.2 within three (3) business days of a request. Failure to maintain this insurance may personally expose the Hirer to uninsured liability to The Fun Depot for loss of or damage to the Goods.

7. Overdue Accounts

7.1 Any account remaining unpaid after its due date may be referred to a debt collection agency, and interest may be charged at a rate of 9% per annum from the due date until the date of payment in full.

7.2 The Hirer is responsible for reasonable debt recovery, legal and administrative costs incurred by The Fun Depot in recovering an outstanding amount, to the extent permitted by law.

7.3 The Fun Depot may suspend or decline future bookings for customers with overdue accounts or a history of late payment.

8. Cancellations

8.1 Cancellation requests must be submitted to The Fun Depot in writing by email, except for events scheduled for the next day, which may be cancelled by SMS to 0406 161 959.

8.2 By reserving equipment for hire, the Hirer removes the ability of that item to be hired to another customer for that date. Accordingly, The Fun Depot forfeits the potential income from hiring that item to someone else — including where equipment is booked for an outdoor venue and weather later affects its use. The following cancellation terms reflect the reasonable loss this causes The Fun Depot.

8.3 Inflatables, Mechanical Rides, Games and Food Machines

8.3.1 Cancelled more than 28 days before the event: full refund of payments made, less any non-recoverable costs, special-order expenses or work already completed.

8.3.2 Cancelled within 28 days of the event: not eligible for a refund. The 50% deposit is forfeited but held as a credit that may be used for a future booking within 12 months of the cancellation date, at The Fun Depot’s discretion.

8.3.3 Cancelled within 7 days of the event: not eligible for any refund or credit. The full invoiced amount is payable, except where an applicable Rain and Wind Refund Option (clause 9.2) states otherwise.

8.4 Entertainers

Bookings for entertainers (including face painters, balloon artists and similar performers) follow a separate cancellation schedule:

8.4.1 Cancelled at least 28 days before the event: the 50% deposit is retained as a credit for a future booking within 12 months of the cancellation date.

8.4.2 Cancelled within 14 days of the event: not eligible for a full credit. The 50% deposit is retained as a credit for a future booking within 12 months of the cancellation date.

8.4.3 Cancelled within 7 days of the event: the entire invoiced amount is forfeited, with no refund or credit.

8.5 Same-Day Cancellations

Cancellations made on the day of the event result in the forfeiture of all payments and credits, regardless of use, except where the Hirer purchased an applicable Rain and Wind Refund Option (clause 9.2), in which case that option’s terms apply instead.

8.6 COVID-19 Cancellations

Bookings cancelled due to COVID-19 are not eligible for a full refund. The 50% deposit will be retained as a credit, usable for a future booking within 12 months of the cancellation date.

8.7 Cancellation by The Fun Depot

If through circumstances beyond The Fun Depot’s control we are unable to supply the Goods, we may make changes to the Goods provided the end result is not materially prejudiced, or cancel the booking by written notice without penalty. Where we cancel, any amount paid will be refunded less a $30 administration fee for reasonable expenses already incurred.

9. Adverse Weather Policy

9.1 Weather-Based Cancellation by The Fun Depot

We welcome events with scattered showers. However, The Fun Depot reserves the right to cancel a delivery where the forecast predicts a 60% or greater chance of constant heavy rain throughout the day, winds exceeding 30km/h, or temperatures exceeding 38°C.

Changes to the delivery or service time can be made without any cancellation fee if communicated before 12 NOON, two (2) days prior to the event. This free-of-charge allowance applies to rescheduling only. An outright cancellation of the booking, whether for weather or any other reason, remains subject to the cancellation tiers in clauses 8.3 and 8.4 based on how far before the event notice is given — the Rain and Wind Refund Option (clause 9.2) is the mechanism for penalty-free weather cancellation close to the event. If no change or cancellation is communicated by the 12 NOON, two (2) day deadline, The Fun Depot will proceed with the booking as scheduled, and once that decision is made, no refund will be issued regardless of use (see clause 8.5 for same-day cancellations).

9.2 Rain and Wind Refund Option

The Fun Depot may offer a Rain and Wind Refund Option for eligible outdoor equipment, at a cost of 12.5% of the applicable hire fee. Where purchased, the Hirer may cancel eligible outdoor equipment up to four (4) hours before the scheduled event start time — including on the day of the event — and receive a refund of payments made for that equipment, less the cost of the option and any excluded or non-recoverable charges. The option must be purchased no later than twenty-one (21) days before the event and is subject to the terms provided at the time of purchase. This option overrides clause 8.5 (Same-Day Cancellations) to the extent of any inconsistency.

9.3 Wet Weather Postponement

If you wish to postpone an event due to forecast or actual wet weather, you must contact The Fun Depot no later than 12 NOON, two (2) days before the scheduled event date (see clause 8.1 for accepted methods). If we arrive on-site and you then decide to cancel or postpone due to weather, full payment remains payable unless an applicable Rain and Wind Refund Option has been purchased. Where a postponement is accepted, payments may be transferred as credit toward another booking within 12 months, subject to availability, current pricing and any non-recoverable costs already incurred. This clause does not apply to services that can reasonably proceed indoors, including face painting, balloon twisting, bubble entertainment and glitter tattoos.

9.4 High Winds

Attractions may need to be deflated, stopped or removed from operation where wind conditions exceed safe operating limits under AS 3533.2, manufacturer requirements, site-specific conditions, or the directions of our staff. Under our current Safe Operating Rules (Annexure B), the evacuation threshold is 30km/h. Winds exceeding this limit make inflatables unsafe regardless of our tie-down and anchoring methods. Full payment remains payable where equipment operation is interrupted or stopped due to unsafe wind conditions, unless an applicable Rain and Wind Refund Option provides otherwise.

9.5 Equipment Pack-Away During the Event

In the event of inclement weather occurring during the booking, The Fun Depot reserves the right to pack away the equipment at its discretion for safety reasons, with the full invoiced amount remaining payable.

9.6 Customer-Arranged Shelter

The Hirer is responsible for organising suitable shelter or other provisions for the equipment where bad weather is forecast. If adequate provisions are not made and equipment becomes unusable as a result, the Hirer remains liable for full payment.

10. Delivery, Setup and Collection

10.1 We deliver, install and remove the hired Goods. Setup times vary by attraction and may range from approximately 10 to 180 minutes per item. Our staff will generally arrive between 30 and 180 minutes before the scheduled event start time; larger or more complex events may require earlier arrival.

10.2 Minimum-order requirements apply to delivered bookings and vary by location, equipment and event size — please contact us for details.

10.3 Additional charges may apply where the Hirer requests an early setup or late removal. The Fun Depot may also need to complete setup earlier, or remove equipment later, than the scheduled times due to scheduling, access, staffing or operational requirements — this may occur up to six (6) hours before or after the scheduled event period where reasonably required. We will make reasonable efforts to minimise inconvenience but cannot provide compensation solely because equipment remains on-site before or after the event period.

10.4 Goods will be delivered in a clean, but not necessarily sterile, state. The Hirer is responsible for ensuring any Goods used to serve food or drinks are fit for that purpose and that any relevant permits are obtained.

10.5 The Hirer must make the Goods available for collection at the end of the Hire Period. For inflatables, do not attempt to dismantle or move them — our trained installers will do this; please wipe the inflatable over with a towel to ensure it is clean and dry beforehand. All other hire items must be empty, clean, dry and packed into their respective containers or crates. Additional charges apply where Goods are not returned in this condition.

10.6 The Fun Depot and its staff, agents and contractors will take reasonable care when delivering, installing and removing equipment. The Hirer must disclose any fragile surfaces, underground services, irrigation, restricted areas or other site risks before setup begins. After pack-down, the organiser must inspect the site for any items, stakes, ties or equipment left behind and immediately advise The Fun Depot of any concerns. Nothing in this clause excludes liability that cannot lawfully be excluded.

11. Site and Access Requirements

11.1 Our pricing is based on delivery to venues with flat and level access and a minimum clear access width of 1.2 metres between the delivery vehicle access point and the setup area.

11.2 Additional charges may apply where access includes stairs, steep slopes, narrow passages, restricted lifts, long distances, difficult terrain or other access restrictions. In some circumstances we may be unable to deliver or install the equipment safely.

11.3 You must advise us before confirming your booking if the venue does not have suitable flat and level access. We are unable to provide a refund where equipment cannot be delivered or installed because access information was not disclosed or was inaccurate.

11.4 The Hirer must allow The Fun Depot’s employees, agents and insurers access to the Goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them, and is responsible for providing safe and proper access to and at the Site.

12. Power Requirements

12.1 Our standard power leads are 20 metres long. Customer-supplied power must be located within 20 metres of the setup area, and power leads must not be joined together. Please measure the distance between the power source and the setup area before the event — where it exceeds 20 metres, a generator or other approved power solution may be required at an additional charge.

12.2 Unless generators are included in your booking, the Hirer must provide suitable power for all hired equipment. We will advise the number of power outlets, circuits and electrical capacity required; other equipment must not be connected to circuits allocated to our attractions. We recommend a licensed electrician confirm the venue has sufficient power, amperage and separate circuits. We cannot provide a refund or compensation where hired equipment cannot operate because the venue’s power supply is unavailable, unsuitable or inadequate.

13. Worksite Safety During Setup and Pack-down

During setup and pack-down, the event site is considered a worksite. For safety reasons, children, members of the public and non-essential personnel must remain outside the work area until setup is complete and the equipment has been approved for use. Trucks, vehicles and heavy equipment may move through the area. Essential venue personnel entering the worksite should wear suitable high-visibility clothing and follow all instructions given by our staff.

14. Outdoor Sites and Anchoring

Our standard pricing assumes inflatables and applicable mechanical rides can be secured with metal stakes into a suitable grassed surface. Where staking is not permitted or the surface is unsuitable, concrete weights, sandbags, water weights or another approved anchoring system may be required, and additional delivery, labour and equipment charges will apply.

15. Water Games

A suitable tap with a working handle must be located within 25 metres of the setup area. The Hirer is responsible for confirming the venue permits water use. The Fun Depot is not responsible for ordinary water-related impacts associated with the proper operation or pack-down of water equipment, including wet ground, mud or temporary discolouration, except to the extent directly caused by our negligence.

16. Equipment Sizes and Fit

The Hirer is responsible for ensuring the hired equipment will fit within the available setup area and can be safely transported to it, including confirming suitable access through gates, doors, corridors, corners, lifts and loading areas. We are unable to provide a refund where equipment cannot be delivered or installed because the Hirer provided inaccurate or incomplete measurements or access information.

17. Public Holidays and Special Days

Additional charges may apply to bookings held on Christmas Day, New Year’s Eve, New Year’s Day and public holidays. Any applicable surcharge will be included in your quotation or invoice.

18. Parking, CBD and High-Rise Venue Surcharges

18.1 A $70 parking and access charge per vehicle applies to bookings within the Perth CBD, Northbridge, East Perth, West Perth, South Perth, Highgate, Subiaco and university venues. This charge may be waived where suitable loading-dock parking is provided for the entire setup, event and pack-down period. Additional parking, access or permit costs incurred in delivering the booking may be charged to the Hirer.

18.2 Bookings at stadiums, office towers and high-rise venues — including Optus Stadium, HBF Stadium and similar venues — may incur an additional setup charge of $70 per staff member, reflecting additional time associated with loading-dock congestion, restricted lift access, security requirements, parking limitations and venue procedures.

19. Site Inspections and Inductions

19.1 Site inspections can be arranged by calling 0406 161 959. A site inspection fee may apply — please contact our office for details.

19.2 If our staff are required to complete a venue-specific site induction, a minimum fee of $45 per staff member applies. Additional charges may apply for lengthy or specialised induction requirements.

20. Permits and Site Authorisations

The Hirer is responsible for obtaining all permits, approvals and authorisations required to use the event site, which may include council approvals, public-land permits, food permits, parking approvals and vehicle-access permissions. Relevant supporting documents from The Fun Depot are available on request to help facilitate a successful application. Councils and public-land authorities may request supporting documentation from The Fun Depot; requests for such documents must be submitted to us at least seven (7) days before the event. Documents may not be available on the day of the event, and administrative fees may apply where a request requires extensive preparation, consultation or customised documentation.

21. Responsibilities of the Hirer

21.1 The Hirer bears all risk in the Goods for the Hire Period, including the Hirer’s own ability or competence to use the equipment hired. During the Hire Period, the Hirer is responsible for:

(a) safekeeping of the Goods;

(b) using the Goods strictly in conformity with their instructions or specifications;

(c) not using pigmented streamers or decorations in or near any marquee hired;

(d) ensuring the Goods are not moved from the Site, except in an emergency, in which case The Fun Depot must be advised immediately afterwards;

(e) complying with all relevant laws, by-laws and regulations applicable to the installation, use and operation of the Goods;

(f) protecting the Goods against soilage, damage, fire, storm, flood, theft, distress or seizure;

(g) using only the fuel, power and consumables specified by The Fun Depot;

(h) ensuring the Goods are not operated beyond their rated capacity or in a manner likely to cause undue wear;

(i) taking appropriate steps to prevent injury to persons and further damage to the Goods if they break down or become unsafe; and

(j) safe operation of the Goods and supervision of all users.

21.2 The Hirer is responsible for providing sufficient security, crowd control and event supervision for the size and nature of the event, and for maintaining a safe environment for our staff, subcontractors, performers and attendees throughout setup, operation and pack-down. The Fun Depot may pause or cease work or equipment operation where conditions are unsafe, threatening or unsuitable. Full payment remains payable where services cannot proceed because the Hirer has failed to provide a safe site.

22. Safe Operation and Supervision

22.1 The Hirer elects to self-supervise the operation and use of the Goods and warrants that they will strictly adhere to the Safe Operating Rules in Annexure B and all other safety training, information and instructions provided by The Fun Depot.

22.2 The Fun Depot will deliver and install the Goods and provide instructions for their safe operation and supervision, but safe operation and supervision during the Hire Period is the sole responsibility of the Hirer, not The Fun Depot.

22.3 The Hirer warrants that they have read, understood and agree to be bound by the Risk Warning in Annexure A, which forms part of their contract with The Fun Depot for the supply of recreational services.

22.4 The Hirer must comply with all instructions and directions of The Fun Depot or its installers regarding safety and supervision, including displaying the Risk Warning to all participants and to the parents or guardians of participants under 18.

22.5 Failure to comply with clause 22.1 will result in the booking being unable to proceed and the full hire fee being charged.

22.6 The Hirer acknowledges there are risks, including the risk of injury and death, from the use and operation of the Goods, and that they and anyone they allow to use the Goods do so wholly at their own risk. The Fun Depot has no liability for any act, default or negligence of the Hirer in allowing others to use the Goods or in the supervision of others.

23. Staff

Where staffing is included in your booking, our attractions will be operated by trained and uniformed staff. Staff working in child-related roles hold the required Working with Children Check or other applicable clearance.

24. Fun Food and Consumables

We supply ingredients and consumables corresponding to the number of serves included in your booking (for example, an order for 200 snow cones includes approximately 200 cups and associated consumables). Actual serves may vary due to wastage, overfilling, operator error, incorrect preparation or poor ingredient handling. No refund will be provided where fewer serves are produced due to these factors.

25. Equipment Substitutions and Colours

25.1 Every reasonable effort will be made to supply the equipment listed in your booking. If an item becomes unavailable due to damage, maintenance, safety concerns or another unforeseen circumstance, The Fun Depot may provide a suitable substitute of reasonably similar type or value, and will contact you where reasonably practicable before making a material substitution.

25.2 The colours and appearance of supplied games and attractions may vary from images shown on our website or in our catalogues, as we may hold multiple versions of the same attraction. Please contact us before confirming your booking if a specific colour or version matters for your event.

26. Logbooks

Attraction logbooks are ordinarily retained at our office for safekeeping. If a logbook is required on-site, you must notify us at least five (5) days before the event.

27. Breakdown or Defect

27.1 The Hirer must inspect the Goods on receipt and notify The Fun Depot immediately of any loss or damage.

27.2 Breakdowns or defects resulting from proper and ordinary use, or from an inherent fault not ascertainable before the start of the Hire Period, may, at The Fun Depot’s option, be repaired or the Goods replaced at The Fun Depot’s expense. If repair is impracticable and replacement Goods are unavailable, a proportional charge for the affected Goods will be credited to the Hirer, and The Fun Depot will have no further liability.

27.3 No relief from hire charges or other claims will be allowed for stoppages or damage due to causes outside The Fun Depot’s control, including breakdowns, bad weather or site conditions, or where the Hirer failed to inform The Fun Depot of a defect or breakdown immediately it occurred. The Hirer must not attempt to repair the Goods without The Fun Depot’s prior approval.

28. Insurance and Indemnity

28.1 To the extent permitted by law, the Hirer releases and indemnifies The Fun Depot and its officers, employees, contractors and performers (those indemnified) against any liability, loss, damage or expense arising from:

(a) any breach of these Terms, or negligent or wilful acts or omissions, by the Hirer; and

(b) loss or damage caused to the Goods during the Hire Period, other than defects arising from proper and ordinary use as covered by clause 27,

except to the extent that the loss, damage, liability or expense was directly caused by the negligence or unlawful conduct of those indemnified.

28.2 The Hirer also releases and indemnifies those indemnified against loss, damage or liability arising from third-party claims connected with the supply of the Goods or their use during the Hire Period.

28.3 Each indemnity in these Terms is a continuing, separate obligation that survives completion of the Hire Period or termination of these Terms.

29. Liability

29.1 The Fun Depot is not liable for loss or damage suffered by the Hirer where we fail to meet a delivery date, or vary, cancel or suspend supply of the Goods, subject to refund of the Hirer’s deposit less a reasonable $30 administration charge, in accordance with clause 8.7.

29.2 The Fun Depot has no liability to the Hirer for indirect or consequential loss (including loss of profit or revenue, business interruption, delay costs, financing or holding costs, and loss of opportunity), even if such loss was reasonably foreseeable or in the contemplation of the parties.

29.3 The Fun Depot’s total aggregate liability to the Hirer, whether in contract, tort (including negligence), equity, under statute or otherwise, is limited to the hire charges applicable to the relevant Goods. This limit does not apply to liability for wilful misconduct or fraudulent or criminal acts or omissions.

29.4 If any part of this clause 29 is void under section 64 of the Australian Consumer Law (ACL), The Fun Depot’s liability is limited to supplying the relevant Goods again, or paying the cost of having them supplied again.

29.5 The ACL provides statutory guarantees that services will be rendered with due care and skill, will be reasonably fit for any purpose made known to us, and will be supplied within a reasonable time. Because the supply of the Goods by hire is a recreational service under the Competition and Consumer Act 2010 (Cth), The Fun Depot is entitled to exclude, restrict or modify its liability for failing to comply with a statutory guarantee in respect of these services.

29.6 Accordingly, to the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), the Hirer agrees that The Fun Depot excludes all liability for death or injury arising from a failure to comply with any statutory guarantee. This exclusion does not apply where the Hirer has suffered significant personal injury caused by The Fun Depot’s reckless conduct.

29.7 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified. Subject to that, all other implied terms, warranties or obligations that can lawfully be excluded are excluded, including liability for negligence or breach of an implied term to provide services with reasonable care and skill, where that liability would otherwise arise from injury or death connected with the supply of the Goods.

30. Default and Termination

30.1 If the Hirer breaches any of these Terms, or becomes insolvent, bankrupt, or enters administration, receivership or a scheme of arrangement, The Fun Depot may, without prejudice to any other remedy:

(a) require immediate payment of all money that would otherwise become payable later, without further notice;

(b) charge interest at 9% per annum on any overdue sum, from the due date until paid in full;

(c) charge the Hirer for, and be indemnified against, all costs (including legal costs) incurred in taking action to enforce these Terms or recover the Goods;

(d) charge the Hirer the cost of repairing or replacing any lost, damaged or destroyed Goods, and for lost hire charges until the Goods are repaired or replaced;

(e) claim damages for breach of contract; and/or

(f) cease or suspend supply of further Goods to the Hirer.

30.2 On termination, the Hirer must immediately make the Goods available for collection. If they do not, The Fun Depot is entitled to enter the land or premises where the Goods are reasonably suspected to be, to repossess them. The Fun Depot will not be liable for any damage caused in doing so, and the Hirer must indemnify The Fun Depot against any resulting liability, demands, proceedings, costs or expenses.

31. Signing Authority

Any person accepting a quotation, approving a booking, signing an agreement, or providing a Purchase Order on behalf of a customer warrants that they have authority to bind that customer.

32. Jurisdiction and Severability

32.1 These Terms are governed by the law of Western Australia and, where applicable, concurrent Commonwealth consumer-protection legislation. The parties submit to the exclusive jurisdiction of the courts of Western Australia, the Federal Court of Australia, and courts entitled to hear appeals from those courts.

32.2 A failure by The Fun Depot to enforce any of these Terms is not a waiver of its rights. If any term is unenforceable, it will be read down to the extent necessary to make it enforceable; if it cannot be read down, that term is severable without affecting the enforceability of the remaining Terms.

Annexure A — Risk Warning

Risk Warning as to Use of Amusement Devices and Equipment

1. You understand and agree that your use of inflatable amusement devices and other amusement devices such as bouncy castles (“amusement devices”), or their use by children for whom you are responsible, is a potentially hazardous activity that will expose you or them to risks, including death, serious illness or injury caused by:

• colliding with others, the ground or obstacles;
• the propelled impact of a bouncing body, which may land irregularly, or physical exertion causing changes in blood pressure or vertigo;
• cuts, lacerations, bruises, broken bones, sprains, strains, ligamentous injury or allergic reactions from contact with pressurised PVC or other surfaces of the amusement devices;
• dehydration, vomiting and other bodily responses to physical exertion;
• weather conditions, including extreme wind, sun exposure and rain; and
• slipping or falling, especially in wet weather or if the device becomes slippery.

There are also risks of damage to, or loss of, your personal property.

2. By using, and permitting others for whom you are responsible to use, amusement devices, you acknowledge and accept that: participating in this recreational activity can be dangerous; there is a degree of risk inherent in the activity; and all participants do so at their own risk.

Annexure B — Safe Operating Rules

It is the responsibility of the person hiring the bouncy castle or other inflatable amusement device (“inflatable”) to ensure all possible steps are taken to avoid injury or damage. Please ensure the following safety instructions are followed. The Hirer and any other supervisor of the inflatable must remain alert to weather conditions at all times.

1. How to Supervise an Inflatable

1.1 A responsible adult is required at all times.

1.2 Tell all patrons the safety rules:

• no somersaults, tackling or rough play;
• no climbing walls;
• strictly no running or jumping off the top platform;
• no jumping on the front step;
• remove all footwear (socks recommended);
• remove all sharp or hard objects, such as pens, buckles, spectacles, jewellery and hats;
• do not go down the slide head first;
• do not jump off the top of the slide; and
• one person down the slide at a time.

1.3 Do not overload the inflatable. Maximum 8 children on bouncy castles; maximum 2 patrons on any inflatable obstacle course, racing game, wet or dry slide, or gladiator duel; maximum 10 people on the Wipeout. For adult bouncy castles, a maximum of 6 is recommended.

1.4 Allow three minutes per session, or until all patrons leave the inflatable.

1.5 Ensure all patrons using the inflatable at any one time are of similar size (for example, do not mix 12-year-olds with toddlers).

1.6 Children under 3 years old should not be allowed on the inflatable unless accompanied by an adult.

1.7 Pay careful attention to patrons on the front step as they exit the slide or enter the inflatable, and shield them from falling off the step.

1.8 On inflatables with separate exits and entrances, all patrons must exit via the slide to prevent collisions.

1.9 Pay careful attention to weather conditions. If wind speeds exceed 30km/h, evacuate all patrons immediately and turn off the blower.

1.10 For events with more than 30 attendees, form two lines divided into similarly sized groups. Each round of patrons has a three-minute play session — give a one-minute warning, and ensure all patrons are off the inflatable before the next round enters.

1.11 Watch patrons constantly and remove anyone who disobeys instructions. Use a whistle or similar to attract attention if misbehaviour occurs.

1.12 Patrons who are unwell, pregnant, or have a mental or physical impairment should not be allowed to use the inflatable, nor should anyone with a back or neck problem or recent surgery.

1.13 The responsible adult supervising the inflatable must be stationed between the entrance and exit (2 adults recommended for large inflatables), and should make periodic checks of the weather, the inflatable, the anchoring system, blower tubes, zips and blower to ensure they remain in good working order.

1.14 No silly string, party poppers, streamers, food or drinks are permitted inside the inflatable — a general cleaning fee of $150 applies if found. If a face-painter has been hired, only water-based paints may be used near the inflatable, for the same reason.

1.15 For inflatables with slides, do not allow more than one person on the ladder or slide at a time, and ensure the landing area is clear before the next patron slides down.

2. What to Do If It Rains

2.1 In mild wet weather, do not turn off the blower — cover the blower and electricals using the bag or mats provided.

2.2 If wet weather is severe and puddles develop around the blowers or electricals, turn off the mains power, then the blower, and remove the electricals from the rain.

2.3 After the rain settles, wipe down the inflatable with towels before use to avoid patrons slipping. It is the Hirer’s responsibility to ensure the inflatable is dry before use.

3. What to Do If It’s Windy

3.1 If wind speeds exceed 30km/h, or you see signs of willy-willies approaching, evacuate patrons from the inflatable immediately.

3.2 Turn off the power and allow the inflatable to deflate. Most inflatables have velcro zips that can be unzipped on the sides to speed up deflation.

4. What to Do If the Inflatable Deflates or Loses Power

4.1 Check the blower ventilation for blockages (balloons, leaves, plastic bags or party streamers are common causes).

4.2 Check the blower tubes and velcro zips to make sure they haven’t come undone.

4.3 Check the blower switch and power point, and the extension cords, to make sure nothing has been turned off, disconnected or damaged.

4.4 Check the mains power or generator to make sure it hasn’t tripped.

4.5 If the blower overheats, switch it off at the mains, then switch it back on 1–2 minutes later — it should restart. If it does not, call us immediately on 0406 161 959.

5. Overnight Hire — Special Conditions

5.1 If hiring the inflatable overnight, please ensure all reticulation is turned off. If the inflatable is wet at pick-up, a wet cleaning charge of $150 applies.

5.2 To be approved for overnight hire, the property must be secured overnight, with a clearance of 1.5 metres from all sides of the inflatable, including its height. The Fun Depot may refuse to set up if these conditions are not met.